This section presents the duties of the National Institute of Industrial Property in the fulfillment of its objectives.
The National Director is the highest official of the service, appointed by discretion of the President of the Republic. The National Director is a senior public officer, in accordance with the relevant regulation in Law No. 19,882 from 2003.
The National Director has the powers and duties required in order to administer, monitor, and ensure compliance with the objectives of the service.
The duties of the National Director are the following:
A) Delivering judgment at first instance on trials brought to them by the law.
B) Pursuing the effective and efficient functioning of the institute, its development, and the proper execution of actions and provision of services related to its field.C) Enforcing policies related to the development of services and dissemination of industrial property, adjusted to guidelines set by the Ministry of Economy, Development, and Tourism.
D) Hiring and terminating institute personnel according to statutory legislation.
E) Proposing referential regulations on industrial property to the Ministry of Economy, Development, and Tourism.
F) Issuing administrative decrees related to industrial property rights, regulations on the internal operation of the Institute, and setting costs for services provided by the institute, in accordance with the law.
G) Designating certifying officials responsible for certifying the actions of the institute, when applicable.
H) Periodically setting the fee for additional services from experts to cover necessary expenses.
In order to perform its duties, the National Directorate is internally organized through the following units, whose leadership or supervision report directly to the Directorate.
1.1 CHIEF OF STAFF
The role of the chief of staff is filled by an official who is generally tasked with the following duties:
(i) Managing the National DIrector’s office.
(ii) Managing the internal and external activities of the National Director, in accordance with the guidelines established by said authority.
(iii) Requesting, from the different hierarchical levels, clarifications, modifications, or supplements to draft documents presented to the National Director for their signature.
(iv) Directly advising the head of the institute on matters related to the public mission entrusted to them.
1.2 DEPARTMENT OF INTERNATIONAL AFFAIRS AND PUBLIC POLICY
The mission statement of this department is to generate knowledge on the industrial property system in Chile, through research and the development of studies aimed at its improvement. The goal is to ensure the consistency, sustainability, and trustworthiness of the public policy proposals in the industrial property area proposed by the National Director, within the guidelines set by the Ministry of Economy, Development, and Tourism.
The department is also responsible for aiding the National Director in any matters related to their participation in the processing of regulations and bills related to industrial property. It must also ensure the uniformity of legal standards and coordinate legal action, with an end to improve the consistency with which this task is carried out.
In the fulfillment of its objectives, the Department of International Affairs and Public Policy has the following duties:
(i) Performing research on the topic of the industrial property system in Chile, collecting relevant information on the administration, and providing every industrial property service established in Law No. 19,039 and associated regulations.
(ii) Monitoring, both internally and externally, the actors in the system and identifying critical statistics, with an end to issuing reports and proposing corrective measures to the National Directorate, while establishing contact with relevant actors to incorporate and improve background information, evaluating among other factors the expected impact of public policies proposed by the National Director.
(iii) Managing and implementing projects that help fulfil the objectives of the organization.
(iv) Ensuring the availability and trustworthiness of information required for research or to justify proposals by the Department of International Affairs and Public Policy.
(v) Ensuring and maintaining the uniformity of legal standards and the coordination of legal action on patents and trademarks.
(vi) Analyzing and studying industries.
(vii) Participating in studies on bills related to industrial property.
(viii) Participating in the processing and drafting of bills related to industrial property and proposals to the Ministry of Economy, Development, and Tourism.
(ix) Being a source of specialized information on industrial property, in order for policy proposals in this area to be based on current and trustworthy information.
(x) Carrying out continuous improvement in the work cycles under its responsibility, as well as collaborating with other units in the improvement of their own.
(xi) Advising on free trade agreement negotiations in matters related to industrial property.
(xii) Participating, along with the General Directorate of International Economic Relations (DIRECON) and corresponding ministries, in the group responsible for the implementation of international treaties on industrial property.
(xiii) Maintaining and developing international cooperation networks in the industrial property field that contribute to maintaining the institute’s presence among industrial property offices.
(xiv) Participating in and monitoring industrial property matters in different international bodies and forums.
(xv) Advising on the drafting, processing, and implementation of bills needed for the carrying out of international obligations in industrial property matters.
(xvi) Participating in outreach activities, publications, speeches, and seminars intended to spread awareness of the institute’s activities on the international stage.
1.3 DEPARTMENT OF INSTITUTIONAL STRATEGY
The main objective of this department is to advise the National Directorate in the design of institutional strategy, leading the periodic revision and updating of INAPI’s strategic focus and aiding in its implementation and alignment in each center of responsibility. Another of its objectives is to design, manage, and operate a Management Control System that satisfies the informational requirements for supporting the decision-making of the National Director and their management team. Yet another objective is to develop guidelines for the proper and timely fulfillment of management-related gubernamental demands.
In the fulfillment of its objectives, the Department of Institutional Strategy has the following duties:
(i) Coordinating the development of the strategic planning of the organization and the annual working plans of each sub-directorate and unit under the National Director, contributing to the appropriate distribution of resources and to the fulfillment of the institutional mission.
(ii) Continually defining, designing, and updating a Management Control System that allows for the gathering of information relevant to the management and carrying out of the strategic objectives of the institute, as well as overseeing the proper use of the information system for the purposes of aiding in decision-making across different levels of the organization.
(iii) Developing or promoting initiatives for the signing of technical and financial cooperation agreements, with an end to strengthening the institution.
(iv) Periodically informing the National Directorate on the progress of working plans and the evaluation of management, with an end to carrying out timely adjustments required for their due fulfillment.
(v) Ensuring that the institute always properly follows guidelines and government programs with regard to management, and that it complies with requests from external organisms with regard to management.
(vi) Ensuring the existence of means of verification for the reaching of goals laid out in the annual planning and management programs and targets.
(vii) Assisting the National Directorate and advising the other sub-directorates and units of the institute with regard to the management and monitoring of targets and indicators.
1.4 DEPARTMENT OF COMMUNICATIONS
The objective of this department is to advise on the drafting and implementation of communication strategies and policies of the institute and the dissemination of the daily activities and strategic objectives of the institute to its internal audience.
It also has the objective of advising on the drafting and implementation of communication strategies and policies of the institute and the dissemination of the daily activities of the institute to the public sector, the media, and the general public, as well as fashioning and spreading awareness of the corporate image. Another objective is to advise, administrate, and develop the different communicational elements of the institute in the framework of the directives established by the National Directorate, in order for the services provided by the institute to be made known and spread through both national and international media and its direct and indirect beneficiaries.
In the fulfillment of these objectives, the Department of Communications has the following duties:
(i) Formulating and proposing policies and the general terms of the organization’s institutional communication.
(ii) Drafting, proposing, and executing projects, programs, procedures, and dissemination channels in the area of institutional communications (internal bulletins, informational newsletters, publications, and other communications mandated by the National Directorate) in coordination with different areas of the institution.
(iii) Drafting speeches and messages required by the National Directorate.
(iv) Maintaining fluid internal communication, aiding officials at every level of the organization in keeping awareness of the institutional mission, vision, and strategic objectives, as well as the way in which each of the sub-directorates and units seek to reach them, fostering in the officials the internalization of and identification and participation with these and promoting their access to information.
(v) Monitoring, evaluating, and informing the National Director of the results of actions taken regarding communication and applying possible adjustments.
(vi) Drafting, proposing, coordinating, and executing special projects aligned with the objectives of the Directorate (books, corporate publications, exhibitions, etc.).
(vii) Establishing and disseminating the guidelines and directives surrounding the corporate visual identity of the institution internally.
(viii) Managing and updating the contents of the institution’s intranet.
(ix) Coordinating the updating and development of the general contents of the institute’s website.
(x) Advising in the organization of events related to the institute’s daily activities.
(xi) Processing and sorting graphics files documenting the institute’s daily activities and administering the photographic record on social networks.
(xii) Formulating and proposing policies and the general terms of public relations and external communications of the institute, taking into consideration public objectives, opinion leaders, analysis of press archives, and opinion analysis of the public sector and the general public.
(xiii) Fostering awareness of the institute in the media and the general public.
(xiv) Drafting, proposing, and executing external plans and communication programs aligned with the objectives set by the National Directorate.
(xv) Monitoring the communications environment of the institute, in order to gather knowledge on the context surrounding it and permit the adoption of proper communication strategies.
(xvi) Proposing the processes of dissemination, to users, authorities, and the general public, through different modes of communication.
(xvii) Advising the National Directorate on external dissemination.
(xviii) Carrying out communicational activities such as drafting press bulletins and organizing press conferences.
(xix) Coordinating the updating and development of news content in the press area of the institute’s website.
(xx) Creating and administering institutional social network pages.
(xxi) Establishing professional relationships with the media, in order to disseminate and boost coverage on the institute’s activities.
(xxii) Organizing the communication-related events defined in the institute’s plans.
1.5 DEPARTMENT OF INTERNAL AUDITING
Also known as the Internal Auditing Unit. Its main objective is to support the National Director though preventive strategies, proposing policies, plans, programs, and control measures for the strengthening of institutional management and the safeguarding of resources assigned to the institute.
In order to complete this objective, the Department of Internal Auditing is responsible for ensuring compliance with the operating rules of the Unit and of each function assigned to it through the Exempt Resolution No. 262 of 2009 creating the Internal Auditing Unit. It is also responsible for ensuring strict compliance with the statute of internal auditing of the Service, approved via the Service’s Exempt Resolution No. 260 of 2009.
The Trademark Sub-directorate has as its main objective to conduct proceedings related to applications for commercial trademarks, geographical indications, and appellations of origin, the granting of which was bestowed on INAPI by Law No. 19,039.
Another function of the Sub-directorate is to study and process trademark renewal applications and applications for marginal annotations to registrations for trademarks, geographical indications, and appellations of origin, as well as transfers, name changes, licenses, forfeitures, embargos, and prohibitions.
The Sub-directorate also supports the National Directorate in its function as a special industrial property tribunal judging opposition and invalidity disputes related to registrations of trademarks, geographical indications, or appellations of origin.
In coordination with the other departments of the Service, the Sub-directorate can also propose possible amendments to the system for marks and distinguishing signs to the National Director.
In the fulfillment of these objectives, the Trademark Sub-directorate has the following duties:
A) Coordinating the processing of trademark and other distinguishing sign applications, as well as the processing of opposition and invalidity trials filed with INAPI.
B) Making marginal annotations, such as usage licenses, transfers, name changes, embargoes, forfeitures, and others, in granted registrations.
C) Supervising the granting of certificates and titles related to trademarks and other distinguishing signs administered by INAPI.
D) Supervising the granting of copies of procedures and parts of applications or records (including final decisions) related to trademarks and other distinguishing signs processed or administered by INAPI.
E) Drafting proposals to the National Director for final decisions in industrial property trials concerning trademarks and other distinguishing signs administered by INAPI.
F) Ensuring, along with other legal bodies of the institution, the quality and consistency of decisions.
G) Giving legal advice to the National Director in the processing of trademark applications.
H) Proposing training or specialization courses for trademark examiners and other officials in the Trademark Sub-directorate, with an end to the continuous review and improvement of the services performed by said Sub-directorate.
I) Issuing reports on industrial property, on demand, to the National Director.
J) Preparing and/or answering requirements and inquiries about trademarks and/or other distinguishing signs, tribunals, the public prosecutor’s office, and other ministries or government agencies.
The Deputy Director of Trademarks reports directly to the National Director.
The Trademark Sub-directorate is structured according to the following operational units, which report directly to the Deputy Director of Trademarks:
2.1 DEPARTMENT OF TRADEMARK LAW
This department is responsible for ensuring the legality of the processes and decisions in applications for commercial trademarks, appellations of origin, and geographical indications, in both administrative matters and in cases of opposition. It is also responsible for ensuring the legality of contentious proceedings in invalidity trials of already granted registrations.
This department is also responsible for carrying out both preliminary and substantive examinations in applications for the registration of commercial trademarks, appellations of origin, and geographical indications filed with INAPI.
In the fulfillment of these objectives, the Department of Trademark Law has the following duties:
(i) Carrying out preliminary examinations of applications for new commercial trademarks, appellations of origin, and geographical indications, as well as collective and certification marks.
(ii) Carrying out substantive examinations, delegated by the National Director, and issuing final decisions in this type of application, as long as they are administrative proceedings.
(iii) Being aware of and proposing judgments in every type of application referred to in point (i), in cases where these applications have had oppositions filed against them.
(iv) Being aware of and proposing judgments in invalidity trials for commercial trademarks, appellations of origin, and geographical indications, as well as collective and certification marks.
(v) Giving legal advice to the Deputy Director of Trademarks and the National Director in applications for the granting of trademarks, appellations of origin, and geographical indications.
(vi) Analyzing the management of the department and suggesting improvements to processes, evaluating the methods and results applied.
(vii) Defining indicators for good management, in coordination with the Unit for Trademark Management and Process Monitoring and the Department of Institute Strategy.
(viii) Keeping documentation updated with regard to processes in the area, in coordination with the Unit for Trademark Management and Process Monitoring, as well as providing training in its use and disseminating it internally within the department.
(ix) Suggesting a system for goal monitoring, in coordination with each coordinator or the leadership of each area and with the support of the Department of Institute Strategy, which should result in indicators allowing for the monitoring and assessment of goals.
(x) Proposing contingency projects or task forces both to resolve unforeseen circumstances, emergency situations, and the accumulation of stock, as well as to anticipate situations that might alter institutional goals or the level of production.
(xi) Issuing reports, on demand, to the Deputy Director.
2.2. DEPARTMENT OF REGISTERED TRADEMARKS
This department is responsible for ensuring the execution of every process related to registered trademarks, including marginal annotations and the issuing of certificates and titles, as well as the renewal of registrations. To this end, it is also responsible for carrying out trademark renewal examinations, marginal annotation examinations, examinations of documents presented once trademarks have been accepted for registration, the communication, via daily statement, of decisions made regarding annotation applications, renovations and documents regarding accepted trademarks, the assigning of registration numbers, the issuing and management of processes for the granting of certificates and titles for trademarks and other distinguishing signs, the issuing of register books, drafting reports on demand for Institute leadership, and proposing improvements in the processes surrounding registered and in-process trademarks and trademark renewals.
In the carrying out of these functions, it must also stay informed on the status of invalidity trials that may be relevant. With respect to the registration process, prior to granting registration numbers the department must revise the quality of the data contained in the electronic database of the Institute in order to ensure its consistency with those documented in the application. Finally, it must also ensure that every document has been provided and sent to the respective areas where they are processed, prior to the finalization of the registration process.
In the fulfillment of these objectives, the Department of Registered Trademarks has the following duties:
a) Handling the application process for trademark renewals, issuing the decisions necessary for this process to be completed.
b) Handling the procedures for the processing and completion of applications for marginal annotations in registered trademarks and other distinguishing signs, proposing the relevant decisions.
c) Proposing and notifying the decisions on the documents filed with trademarks and other distinguishing signs that have been registered and/or accepted for registration.
d) Granting registration numbers for applications for trademarks and other distinguishing signs accepted for registration, ensuring the legality and propriety of the process and revising the quality of the data in the Institute database, as well as ensuring that every request is resolved.
e) Issuing trademark certificates and titles.
f) Creating and safeguarding registers.
g) Analyzing the management of the department and suggesting improvements to processes, evaluating the methods and results applied.
h) Defining indicators for good management, in coordination with the Unit for Trademark Management and Process Monitoring and the Department of Institute Strategy.
i) Keeping documentation updated with regard to processes in the area, in coordination with the Unit for Trademark Management and Process Monitoring, as well as providing training in its use and disseminating it internally within the department.
j) Suggesting a system for goal monitoring, in coordination with each coordinator or the leadership of each area and with the support of the Department of Institute Strategy, leading to indicators allowing for the monitoring and assessment of goals.
k) Proposing contingency projects or task forces both to resolve unforeseen circumstances, emergency situations, and the accumulation of stock, as well as to anticipate situations that might alter institutional goals or the level of production.
l) Issuing reports, on demand, to the Deputy Director.
2.3 UNIT FOR TRADEMARK MANAGEMENT AND PROCESS MONITORING
This unit is responsible for offering recommendations to the Sub-directorate in the area of management and monitoring of the processes that each department in the Sub-directorate is responsible for. It is also responsible for providing technical training to officials in the use of the platforms that support the Institute’s database. In the fulfillment of these tasks, it may coordinate and/or train users, issue reports and statistics for the monitoring of the different processes of each department, and recommend improvements that can be made.
In the fulfillment these objectives, the Unit for Trademark Management and Process Monitoring has the following duties:
a) Constantly revising the processes used to reach the goals of the Trademark Sub-directorate in the most efficient way in accordance with the law, with a basis in the technical training of the officials responsible for these processes and, in particular, of the coordinators or leadership of the trademark area. It should also collaborate in keeping the documentation surrounding the processes updated, specifically, the description of the processes and their flow charts.
b) Defining, in coordination with trademark area leadership or coordinators, the format and content of process documentation.
c) Identifying improvement opportunities for the Sub-directorate’s internal processes, as well as for the related processes that it oversees together with other Sub-directorates or departments of the Institute.
d) Suggesting a system for the monitoring of goals, in coordination with each coordinator or the leadership of each area and with the support of the Department of Institute Strategy, leading to indicators allowing for assessing whether goals were reached or not.
e) Ensuring that every change to processes is reflected in the electronic platforms of the Institute, in order to promote the system for the control and monitoring of the relevant milestones of each process through said platforms.
f) Giving technical assistance to the departments of the Sub-directorate in order to effectivize the system for monitoring applications.
g) Administering the electronic platform supporting the trademark database on behalf of the Sub-directorate, including: raising and specifying suggestions for improvements to the platform, monitoring the development of these, carrying out quality control and managing their implementation, and acting as interlocutor with the organization responsible for providing technical support in their implementation. It is also responsible for responding to queries and solving problems, standardizing training in the platform for trademark officials, hiring monitors from among the most competent staff, disseminating best practices in the use of the platform, and developing and periodically updating an operation manual for the same.
h) Analyzing the internal management of the Sub-directorate in coordination with the Department of Institute Strategy, and providing feedback to trademark coordinators or leadership.
i) Proposing contingency projects or task forces to resolve unforeseen circumstances, emergency situations, and the accumulation of stock, as well as to anticipate, as well as possible, situations that might alter institutional goals or the level of production.
The main objective of the Patent Sub-directorate is to conduct proceedings related to the granting of invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits. It is also responsible for studying and recommending decisions on applications for marginal annotations to said registrations. Finally, it is also responsible for advising the National Director on trials regarding opposition and invalidity claims related to patent applications or registrations.
In the fulfillment these objectives, the Patent Sub-directorate has the following duties:
A) Supervising the application processes for the granting of invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits.
B) Handling the application processes for patents where opposition has not been filed.
C) Supervising the proceedings for patents where opposition or invalidity have been filed.
D) Handling marginal annotations such as licenses, transfers, name changes, embargoes, forfeitures, and others to granted registrations.
E) Issuing certificates for the status of patent applications and registrations.
F) Custodianizing patent registrations.
G) Ensuring, along with other legal bodies of the Institution, the quality and consistency of patent decisions.
H) Giving legal advice to the National Director in the processing of patent applications.
I) Supporting the management of the Institute’s knowledge, providing new knowledge, experience gained in the carrying out of its work, and new necessities arising from the fulfillment of its duties.
J) Managing feedback to patent examiners with respect to the considerations and grounds causing registrations to be considered invalid, in order to improve quality with regard to the granting of patents.
K) Issuing certificates on the status of industrial patent law trials, copies of proceedings and extracts of industrial patent law, as well as certificates on judgments delivered in industrial patent trials.
L) Signing industrial property rights titles, in coordination with the National Director.
M) Coordinating the proper application of the Patent Cooperation Treaty (PCT) and being responsible for the quality of the Receiving Office for PCT patent applications in the international phase and the Designated/Elected Office in the INAPI national phase.
The Deputy Director of Patents reports directly to the National Director.
The Sub-directorate of Patents, in order to complete its objective, is structured according to the following operational units, which report directly to the Deputy Director of Patents:
3.1 DEPARTMENT OF PATENT LAW
This department is responsible for providing legal advice to the Deputy Director of Patents and to the National Director during the processes for the granting of invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits. It is also responsible for conducting proceedings in industrial property patent trials when opposition is filed against industrial property rights applications or in trials regarding the invalidity of patent registrations.
In the fulfillment of these objectives, the Department of Patent Law has the following duties:
(i) Giving legal advice to the Deputy Director of Patents and the National Director, in the application process for the granting of invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits.
(ii) Conducting proceedings in industrial property patent trials when opposition is filed against industrial property rights applications or in trials regarding the invalidity of patent registrations.
(iii) Being informed about and notifying the National Director on judgments in invention patent trials regarding opposition and invalidity.
(iv) Giving feedback to the Department of Patent Examination with respect to the considerations and grounds causing registrations to be considered invalid, in order to improve quality with regard to the granting of patents.
3.2 DEPARTMENT OF PATENT EXAMINATIONS
This department is responsible for carrying out preliminary and substantive examinations of applications for invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits, giving a technical evaluation as to whether these satisfy the necessary requirements in order to be granted an industrial property right. It is also responsible for providing recommendations to the National Director on whether to grant or reject patent registrations.
In the fulfillment of these objectives, the Department of Patent Examinations has the following duties:
(i) Carrying out preliminary examinations on applications for invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits.
(ii) Carrying out substantive examinations, verifying and analyzing the concepts evaluated in the expert’s report, and confirming whether it aligns with INAPI criteria.
(iii) Providing recommendations to the National Director on whether to grant or reject patent registrations.
(iv) Orienting, directing, and coordinating the work of examiners, providing a conceptual and practical framework guiding their actions, granting improved consistency, effectivity, efficiency, and uniformity of the criteria within its focus.
3.3 DEPARTMENT OF REGISTRATION AND ISSUING OF PATENT TITLES AND CERTIFICATES
This department is responsible for verifying that the following criteria have been fulfilled in the applications for new invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits: that they have been completed within the legal timeframe, that the final duties have been paid, and that the fees for the first and second five-year or ten-year terms have been paid. It is also responsible for issuing registration numbers for applications in which proper, both in terms of amount and timeframe, proof of payment has been provided, depending on the industrial property right in question. Finally, it is also responsible for creating registrations for invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits, as well as issuing all certificates and titles requested both in person and online and performing any other function determined by the Deputy Director of Patents.
3.4 SUB-DEPARTMENT OF EXPERT MANAGEMENT
The objective of this unit is to manage all aspects related to experts providing professional services in different technical areas in industrial property patent processes, with an end to achieving proper and high-quality expert reports.
In the fulfillment of this objective, the Sub-department of Expert Management has the following duties:
(i) Managing, in coordination with the Department of Patent Examinations, the continuous training of experts, both in legal aspects of industrial property as well as in protocols, criteria, and other key aspects related to preliminary and substantive examinations.
(ii) Managing, in coordination with the Department of Patent Examinations, the continuous evaluation of the performance of experts and the outlining of necessary improvements.
(iii) Monitoring the adherence to timeframes in the issuing of expert reports.
(iv) Maintaining the register of experts with the information related to their performance, fulfillment of entrusted tasks, workload, professional background, and all other factors contributing to the improved carrying out of their duties.
3.5 PCT DEPARTMENT
The PCT Department reports directly to the Deputy Director of Patents. Its objective is the correct use and application of the Patent Cooperation Treaty (PCT) on behalf of INAPI, being responsible for the commitment entrusted to INAPI in its function as Receiving Office and Administration responsible for the preliminary international search and examination in international PCT applications in the international phase, as well as in its role as Designated/Elected Office in the national phase.
In the fulfillment of these objectives, the PCT Department has the following duties:
(i) Staying informed and advising the National Director and the Deputy Director of Patents on all matters related to the application of the PCT on behalf of INAPI.
(ii) Coordinating and monitoring all the work related to the PCT on behalf of INAPI.
(iii) Processing international applications filed with INAPI as a Receiving Office.
(iv) Safeguarding the commitment made by INAPI as administration responsible for the international preliminary search and examination (ISA/IPEA).
(v) Responding to requirements related to the processing of PCT applications filed with INAPI as Designated/Elected Office.
(vi) Participating in outreach activities, publications, speeches, and seminars, with an end to spread awareness about activities performed by INAPI related to the PCT.
(vii) Ensuring that INAPI fulfills quality and best practices standards required by the PCT system in the processing of international applications.
3.6 SUB-DEPARTMENT OF ADMINISTRATIVE PROCESSING OF PATENTS
This department is responsible for processing applications for invention patents, utility models, industrial designs and drawings, and layout designs (topographies) of integrated circuits, administering the applications mainly through procedural rulings that allow the processing of applications to continue.
It is also responsible for coordinating the incorporation and updates, in the database, of the status of pending patent applications. It also coordinates the management of documents and records needed for its functioning with the corresponding departments, sub-departments, and sections.
The main objective of the Legal Sub-directorate is to ensure the legality of the the Institute’s actions and to advise in the drafting and implementation of policies related both to the internal functioning of INAPI as well as industrial property regulation.
In the fulfillment of these objectives, the Legal Sub-directorate has the following duties:
A) Acting as prosecutor for the Institute, in order to carry out and ensure the legality of the legal or administrative actions of INAPI.
B) Ensuring proper compliance with legislation and regulations that the Institute is bound by, as well as with provisions contained in manuals, instructions, and other superior directives.
C) Advising the National Directorate, the sub-directorates, and the departments on the application of regulations that the Institute is bound by, issuing any required reports.
D) Coordinating the legal defense of the Institute in trials before courts of justice that it is party to or that concern matters of interest to it.
E) Carrying out processes related to the continuous improvement of both its own work cycles and those of other units.
F) Coordinating the implementation of administrative activities that guarantee the access to information generated or kept by the Institute, established in Law No. 20,285, with the different areas of the Service.
G) Preparing the reports required to comply with Law No. 20,285, as required by the National Director.
H) Simplifying coordination with the Council for Transparency and other State administrative bodies in matters related to law No. 20,285.
I) Keeping the National Director informed on the compliance of the Institute in transparency matters.
The main objectives of the Department or Sub-directorate of Operations are to ensure quality service to users of the industrial property system and to administrate the documentation managed by the Service, from the filing of applications to when they are archived.
The Director or Deputy Director of Operations reports directly to the National Director.
The Department of Operations is structured according to the following administrative units, which report directly to the Director of Operations:
5.1 SUB-DEPARTMENT OF SERVICE QUALITY
The Sub-department or Department of Service Quality is responsible for managing the quality of service, orientation, and information provided to industrial property rights applicants. This sub-department is composed of the following sections or sub-departments:
1. Patent User Assistance Section
This section has the following duties:
(i) Orienting and advising patent applicants in all aspects regarding the processing of industrial property patents, with an end to add value to company innovation cycles, as well as to effectivize and make more efficient the later stages of business processes of the Patent Sub-directorate.
(ii) Giving round-the-clock IT assistance to patent users in person, over the phone, and online.
(iii) Giving specialized legal and administrative advice in procedures for patent inscription, annotations, and in cases of opposition and invalidity.
(iv) Periodically reporting on statistics to the Deputy Director of Operations and the Deputy Director of Patents, in order to adopt pertinent policies regarding development, management, and planning.
(v) Evaluating, analyzing, proposing, and supporting the implementation of continuous improvement processes in services provided to patent users.
2. Trademark User Assistance Section
This section has the following functions:
(i) Orienting and responding to queries from trademark users in all aspects concerning the processing of the registration of trademarks and other distinguishing signs administered by INAPI, with the stated purpose of effectivizing and making more efficient the later stages of the processes involved in the granting of trademarks.
(ii) Giving specialized legal advice regarding the procedure for the inscription of trademarks, renewals, annotations, and in cases of opposition and invalidity.
(iii) Providing information and background to the other units of the Service on demand.
(iv) Periodically reporting on statistics to the Deputy Director of Operations and the Deputy Director of Trademarks, in order to adopt pertinent policies regarding development, management, and planning.
(v) Evaluating, analyzing, proposing, and supporting the implementation of continuous improvement processes in services provided to trademark users.
3. Industrial Property Rights User Assistance Section/p>
This section has the following functions:
(i) Managing the general information desk in order to assist trademark and patent users in processes handled by INAPI in person.
(ii) Managing the telephone assistance service for trademark and patent users within the framework of the Institution.
(iii) Managing the Comprehensive Information and Citizen Assistance System (SIAC) in assistance areas designated by INAPI, including the management of the Information, Complaints, and Suggestions Office (OIRS).
(iv) Assigning applications for transparency received by the Service in the Citizen Application Management System.
4. Citizen Participation Unit
This unit is responsible for managing the administrative measures necessary to ensure the effectiveness of the citizen participation mechanisms in public management.
5.2 SUB-DEPARTMENT OF DOCUMENT MANAGEMENT
The objective of the Sub-department or Department of Document Management is to ensure the availability of documentation in the trademark and patent areas, in a timely, effective, and efficient manner.
This sub-department is composed of the following sections or sub-departments:
1. Applications and Records Receiving Section
This section is responsible for receiving documents and records of new industrial property rights applications, deposited in person, in the mail, or electronically through the IPAS system.
2. Data Input Section
This section is responsible for the input of data found in documents concerning industrial property rights deposited with the Institute for processing.
3. Digitalization Section
This section is responsible for the digitalization of all documents forming a record in the processing of industrial property rights.
4. Archiving Section
This section is responsible for receiving, registering, dispatching, and in general, administering, maintaining, and safeguarding in a timely and ordered fashion all physical documentation related to the performing of industrial property services administered by INAPI.
5. Application and Document Management Section
The main function of this section is to receive and incorporate documents to records in a timely fashion and the ordered administration of loose records, and systematically keeping up to date information related to documents not attached to records.
The Department or Sub-directorate of Knowledge Transfer has as its mission to develop the management of knowledge concerning strategic technology related to the development of the country, as well as promoting industrial property in order to contribute to entrepreneurship and innovation.
To this end, it is responsible for developing activities related to the transfer and dissemination of knowledge contributing to entrepreneurship and innovation, drafting bulletins and technological reports, establishing a network of contacts with actors of the National Innovation System (SNIC) on behalf of INAPI, and contributing to fundamental processes of the latter (absorption of foreign technology, domestic processing of technology, the development of human resources, and the dissemination of technology).
The Director or Deputy Director of Knowledge Transfer reports directly to the National Director.
In the fulfillment of its mission statement, the Department of Knowledge Transfer has the following duties:
A) Obtaining, compiling, and classifying information on invention patents.
B) Monitoring technological progress in knowledge areas considered to be a priority.
C) Developing mechanisms, processes, and models for the management of technological knowledge that effectively support the work in different areas of the Service.
D) Implementing a management system for technological information in the specialized knowledge areas considered a priority in INAPI’s work and that support entrepreneurship and innovation.
E) Delivering information and providing ease of access to public domain patents (freely available).
F) Delivering support and the generation of technological information to aid in the search of innovative solutions to problems in industrial sectors or production chains.
G) Carrying out awareness and training initiatives on industrial property matters to key actors connected to entrepreneurship and innovation.
H) Maintaining coordination and cooperation with entities supporting entrepreneurship and innovation.
I) Creating and distributing communication material (technical, legal, and informational) on industrial property and technology transfer in different formats.
J) Advancing the development of industrial property tools, driving entrepreneurial and innovation policies and the development of technology transfer of the country.
The main objective of the Administration and Finances Division is to contribute to guaranteeing the fulfillment of the strategic objectives of the Institute through the acquiring or delivering of goods and the hiring of services needed for their management, providing human and material resources, financial resources, logistical support, and the means in general required for said end.
In the fulfillment of its objective, the Administration and Finances Division has the following duties:
A) Managing, administering, and monitoring the financial resources needed for the regular functioning of the Institute, in order for it to complete its strategic objectives. To perform this duty, the division must take the actions needed to administer the budget and institutional accounting, operating bank accounts, handling institutional accounting, periodically carrying out bank reconciliations, and, in general, all the necessary actions in order to perform this function.
B) Ensuring compliance with State regulations and instructions in matters related to the Institute’s activities, in its area of competence.
C) Studying and proposing, in coordination with other sub-directorates and departments, the annual budgeting of the Institute in compliance with current regulations in the area and the possibilities of the Institute’s own revenue.
D) Ensuring the correct execution of the Institute’s budget approved by the law.
E) Planning and managing contracts, renewals, or terminations for the acquiring or delivering of goods and services, supervising the contractual process from the beginning, with a special emphasis on contract enforcement, within its sphere of competence, and making authorized payments to providers of these, all in conformity with what is established in current legal provisions.
F) Formulating, proposing, and applying human resources policies that support the strategic plans of the Institute, in full compliance with regulations of the Administrative Statute and other regulations governing working relations between the administration and its employees.
G) Drafting, in coordination with other sub-directorates and departments, instructions and procedures allowing for all the financial and human resources and goods of the Institute to be administered within the current legal framework.
The Head of the Administration and Finances Division reports directly to the National Director.
The Administration and Finances Division is structured according to the following operational units, reporting directly to the Head of the Administration and Finances Division:
7.1 DEPARTMENT OF ADMINISTRATION
The function of this department is to plan, direct, and monitor the management of finances, goods and services, and document register of the Service, in compliance with legal and regulatory provisions and instructions from competent authorities.
The following operation units report to the Department of Administration:
1. Sub-department of Finances and Accounting
The function of this sub-department is to plan, direct, and monitor the management of finances, accounts, budgets, and the treasury and assets of the Service, in compliance with legal and regulatory provisions and instructions from competent authorities.
2. Sub-department of Supplies and General Services
The function of this sub-department is to provide, in a timely and efficient fashion, the goods and services needed for the management of the Institution in accordance with current established legislation and regulations. To this effect, it should, among other tasks, draft and propose guidelines related to the acquisition of goods and services, create and propose programs related to the acquisition of goods and services and monitor their execution, execute the plan of acquisition, manage the processes of the acquisition of goods and hiring of services, administer the contracts signed by the Institution when it is not done by the relevant department, track the contractual process from its beginning, with a special emphasis on the contract enforcement stage, propose procedures for carrying out purchasing processes, and maintain the inventory of movable and immovable assets up to date.
3. Filing Office
The function of this office is to receive, register, process, dispatch, and archive, in an ordered and expedite fashion, all general documentation pertaining to INAPI.
7.2 DEPARTMENT OF HUMAN RESOURCES
The function of this department is to propose policies and programs on the welfare and training of Institute personnel, to develop, execute, coordinate, and evaluate the corresponding programs, and to administer the policies, regulations, and instructions related to these matters.
In the fulfillment of this function, the department should, in a timely fashion, execute administrative actions with respect to the inflow, promotion, and outflow of personnel, the granting of statutory benefits, and the fulfilment of obligations to officials. It should also coordinate administrative actions required by the personnel appraisal process, administer the salary system of the Institute, and carry out processes related to the training of officials and to the system for the appraisal of the same.
The following operational units report directly to the Department of Human Resources:
1. Sub-department of Remunerations
The function of this sub-department is to calculate and pay salaries, maintaining information up to date through the use of the tools provided by the Institute. It should also supervise deductions and payments related to pension and health providers or Caja de Compensación and keep INAPI officials informed as regards the dates and conditions of salary payments.
2. Sub-department of Personnel Administration
The function of this sub-department is to carry out administrative actions related to the inflow, promotion, and outflow of personnel. It is also responsible for supervising attendance, processing the granting of statutory benefits, maintaining employee records and information, administering staffing and hierarchies, and carrying out appraisal processes.
3. Sub-department of Organizational Development and Personnel Selection
The function of this sub-department is to plan and execute internal and public tendering for the admission and promotion of personnel, to develop organizational induction processes, to plan, execute, and evaluate the Annual Training Program of the Institute in coordination with the Bipartite Training Committee, and to advise on organizational designs related to institutional change and improvement processes.
The Sub-directorate of Information Technology and Communications is responsible for IT and telecommunications matters.
In the fulfillment of its objectives, the Sub-directorate of Information Technology and Communications has the following duties:
A) Planning, developing, and operating technological projects (hardware, software, and telecommunications networks).
B) Supporting the preparation of and executing the budget required for the incorporation of information technologies in the Institute.
C) Ensuring the high availability of computer services.
D) Providing IT support to the different areas of the Institute.
E) Managing updates and maintenance of technological infrastructure.
F) Establishing standards and regulations for the management of activities and the use of computational resources in accordance with public policy.
G) Participating in the drafting of INAPI’s Information Security Plan and Business Security Plan.
H) Ensuring, in compliance with Law No. 20,285, the access to public information, the technical availability of the Application Management System (SGS, Sistema de Gestión de Solicitudes) that registers transparency requests in coordination with its administrator within the Ministry General Secretariat of the Presidency, and providing support to ensure the monthly publication of active updates to transparency information, in accordance to what is established in Article 7 of said Law.
The Head of the Department of Information Technology and Communications reports directly to the National Director.