The Chilean National Institute of Industrial Property (INAPI)
has recently made available patent search and examination
documentation performed by INAPI´s patent examiners to the
WIPO CASE system hosted by the World Intellectual Property
Organization (WIPO). WIPO CASE is a platform that enables
participating patent offices to securely share patent search and
WIPO CASE is aimed to improve the quality and efficiency of the
patent search and examination process done at local and regional
patent offices by sharing existing information of any equivalent
filing at another participating patent office.
The following are the intellectual property offices that
participate directly in WIPO CASE: Australia, Brunei, Cambodia,
Chile, China, the Eurasian Patent Office (EAPO), the European
Patent Office (EPO), India, Indonesia, Israel, Japan, Malaysia,
Mongolia, New Zealand, Papua New Guinea, Philippines, Lao
People's Democratic Republic, Singapore, Thailand, United
Kingdom, United States and Vietnam.
There are two different levels of participation in WIPO
Accessing Office – Examiners at the accessing office can
use the WIPO CASE web portal and can search for patent applications
at other participating offices and retrieve the documents that are
made available by those offices.
Providing Office – The providing office makes available
the search and examination documentation for patent applications
filed at that office.
Since January 2016, INAPI is officially an accessing office of
WIPO CASE. However, after the recent uploading of documentation
regarding patent searches and examinations carried out by INAPI, it
is now in a position to become a providing office.
Chile is the first Latin American country to join this
international patent information sharing platform.
Mexico is a civil law country, meaning that the Mexican system does not rely on stare decisis or considers case law as binding precedent. As a result, the Mexican intellectual property statues are significantly more detailed than their US compliments.
Current Intellectual Property Law No. 9,279 of May 14, 1996 and the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement allow for patenting of pharmaceuticals in Brazil. Notwithstanding, in 2001, the Brazilian IP Law was amended and the prosecution of pharmaceutical patent applications changed substantially.
Owners of intellectual property (IP) have many ways to protect their valuable assets.
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