/ National Institute of Industrial Property of Chile (INAPI) is designated international ISA/IPEA (PCT) authority

April 29, 2013
National Institute of Industrial Property of Chile (INAPI) is designated international ISA/IPEA (PCT) authority

In late 2012 the Chilean Industrial Property community received the encouraging news that INAPI had been designated International Searching Authority of Patents (ISA) and International Preliminary Examining Authority of Patents (IPEA) within the system created by the Patent Cooperation Treaty (PCT), whose administration is entrusted to the World Intellectual Property Association (WIPO).

This significant appointment places INAPI among the 18 most important patent offices in the world. Up until this designation there were 17 industrial property offices worldwide with this distinction, in Australia, Austria, Brazil, Canada, China, Korea, Egypt, Spain, United States of America, Russian Federation, Finland, India, Nordic Patent Institute, Israel, Japan, European Patent Office (EPO) and Sweden.

With this designation INAPI becomes the second regional PCT authority after Brazil and the second Spanish speaking country in the world responsible for the preparation of international patentability reports, after the Spanish Patent Office.

INAPI’s exercise of its ISA/IPEA authority within the framework provided by the PCT means that INAPI will provide search reporting services and will issue written opinions deciding if an invention meets patentability requisites. In addition, INAPI will release international preliminary examination reports, consisting of more elaborate opinions on a PCT patent application compliance with patentability requisites.

From a more general perspective, this appointment involves a recognition of the work carried out by INAPI and provides a great opportunity for an increasing INAPI participation and influence in the decision making process within the global patent processing system, which we expect will result in a real incentive for the use of the PCT system in Latin America. At the country level, this may help Chile become a regional entrepreneurship and innovation center.

In agreement with the commitments undertaken by our country with the PCT Union, the implementation of this ISA/IPEA authority will begin in the year 2014, considering the developments and capabilities that INAPI must put in place towards a proper operation of this new system.

Pilar Chicago
Attorney at Law
April, 2013