/ Successful partial patent registration before TDPI previously rejected by INAPI

Together with our client, a patent application was filed in Chile for a “process for pea extract” based on international application PCT/EP2016/060579. It was assigned application number CL2017002869. The invention aims to create a pea extract with certain physicochemical properties suitable for use in food formulations for humans and animals. These properties depend on the starch content within the extract, as well as the overall solids content.

After expert evaluations, the Patent Office will determine that the invention lacked inventive step compared to the prior art. Alessandri’s team filed an appeal before the Intellectual Property Court with some modifications. The Court accepted these modifications, which led to the successful registration of the invention.

This case is an example within the Intellectual Property Court, demonstrating that even when a patent faces a complete rejection in its initial review, strategic actions can lead to a partial rescue during subsequent proceedings. The case has been highlighted on the Intellectual Property Court’s official website as a prominent example.

See presentation here