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Before filing, a design search checks whether the visual appearance of your product is genuinely new and original against Chile's INAPI Diseños Register and other published designs. Our team at Brealant gives you a clear picture before you invest in filing.
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Legal Definition of a Design Search
A design search reviews INAPI's Diseños y Dibujos Industriales Register and other publicly available design disclosures to identify designs identical or substantially similar to yours.
Purpose and Function of a Design Search
Under Ley N° 19.039, a registrable design must be new and possess its own original character. Because INAPI conducts a genuine substantive novelty examination before grant, a search helps you anticipate what the examiner is likely to find.
Protecting Your Filing Strategy
A search protects your investment in the representations and professional fees that go into a design application, by flagging conflicts before you commit to filing.
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Contact
Reach out to Brealant, your trusted design attorney in Chile, to discuss your product.
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Search
We search the INAPI Diseños Register and relevant published sources.
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Quote
Receive a service quote scoped to the number of design views and product category.
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Pay
Proceed with secure payment for the selected search service.
File
We compare overall appearance against what's found, applying the standard INAPI's examiners use.
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Wait
We finalise the clearance report and filing recommendation.
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Response
You receive your search report with a clear filing recommendation.
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In Chile, a registrable design must be new and possess its own original character when compared with designs already disclosed anywhere before the filing date. A search against the INAPI Diseños Register and other public sources is the clearest way to check this before you file, especially since INAPI will run its own substantive review during examination.
Because INAPI examiners substantively test novelty and original character before granting a Chilean design, filing without a search risks a costly rejection partway through prosecution. Brealant's search protects your filing budget and timeline by surfacing likely objections before you file.
A search significantly reduces risk, but it has real limits worth understanding
No Absolute Guarantee
No search, however thorough, can guarantee INAPI's examiner won't raise a novelty objection during substantive examination.
Own Prior Disclosure
Publishing or selling your own design before filing can itself destroy novelty, so timing matters.
Unpublished Applications
Very recently filed designs may not yet be visible on the public register at the time of search.
Examiner Discretion
The examiner's own assessment during substantive examination may differ in emphasis from our search findings.
Foreign Rights
A Chilean search does not clear your design for registration in other countries.
Brealant explains these limits clearly in every search report, so you know exactly what comfort the search gives you.
A thorough Chilean design search reviews multiple sources to protect your filing decision. Our search covers
The INAPI Diseños Register
Registered and recently filed designs on the Diseños y Dibujos Industriales Register.
Published Disclosures
Other publicly available design disclosures, including prior product releases and international filings.
Overall Appearance
Comparison of shape, lines, contours, and ornamentation against what's found.
Multiple Product Views
All representations you intend to file, assessed together as the overall design.
Partnering with Brealant means every relevant source is checked before you commit to filing.
A design search typically involves
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Briefing
You provide images or drawings of the product's design features.
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Searching
We search the INAPI Diseños Register and relevant published sources.
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Comparison
We assess overall appearance against what's found, applying the standard INAPI examiners use.
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Reporting
You receive a clearance report with a filing recommendation.
A standard Chilean design search and clearance report is typically completed within 3 to 7 business days, depending on the product category.
Search costs are modest compared to the cost of pursuing a design application that's ultimately rejected as not new
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Charged as a fixed professional fee, scoped to the number of design views and the product category.
A written comparison and filing recommendation, included in the search fee.
Brealant explains these limits clearly in every search report, so you know exactly what comfort the search gives you.
If the search is clear, Brealant can move straight into preparing your design application. If it reveals risk, we'll advise on how to adjust the design or filing strategy to keep your project moving forward.
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No, but it substantially reduces the risk of a novelty objection during INAPI's substantive examination, which can add delay and cost.
The design must be new and possess its own original character compared with designs already disclosed anywhere in the world before the filing (or priority) date.
Yes, Brealant reviews all representations you intend to file to check the overall design.
Yes — publishing or selling your own design before filing can itself destroy novelty in most cases, so timing matters and we'll flag this.
A standard search and clearance report is typically completed within 3 to 7 business days, depending on the product category.
Anyone can — you don't need to be a Chilean resident or business. Foreign applicants routinely commission a search through Brealant before filing.
Brealant offers a preliminary check at no cost, with a fixed fee for the full novelty clearance report, which we confirm before you commit.
Yes, we search within the relevant Locarno class and closely related classes where overlapping product appearance could create a novelty issue.
Yes — because novelty is assessed against worldwide disclosure, a design already registered or published in another country, even outside Chile, can be cited against you.
We discuss options such as adjusting the design's distinctive features, narrowing the application, or reconsidering the timing of filing.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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