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Legislative Implementation of Flexibilities - Chile

Title:Article 37 (a), (b) and (f) of the Industrial Property Law No. 19.039 of 24/01/1991 (consolidated version of 2005 as last amended on 2007),
Field of IP:Patents
Type of flexibility:Patentability of substances existing in nature
Summary table:PDF

Provisions of Law

Article 37

The following shall not be considered inventions and shall be excluded by the patent protection of this Law:

(a) Discoveries, scientific theories and mathematical methods.

(b) Plants and animals, except microorganisms that meet the general conditions of patentability. Plant varieties shall be protected only in accordance with the provisions of Law No. 19.342 on the Rights of Breeders of New Plant Varieties. Also non patentable are essentially biological procedures for producing plants and animals, except microbiological procedures. For these purposes, an essentially biological procedure is one that consists entirely of natural phenomena, such as crossing and selection.

(f) Any partial living thing as found in nature, natural biological processes, and biological material, as existing in nature, or able to be separated, including the genome or germplasm of any living thing. However, protection may be afforded to procedures that use one or more of the aforementioned biological materials and products directly obtained through them, provided that they satisfy the requirements laid down in Article 32 of the present Law, that the biological material is appropriately described and that its industrial application is explicitly included in the patent application.

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