Guide for Peru Patent Application Process

Patent Trademark

Peru Profile

Peru, officially the Republic of Peru, is a country in western South America. It shares borders with Ecuador, Colombia, Brazil, Bolivia and Chile. The capital is Lima. Peru is a multi-ethnic country with a population of about 31.2 million. Peru is a presidential parliamentary democratic republic divided into 25 regions.Read more

Peru Profile

Peru, officially the Republic of Peru, is a country in western South America. It shares borders with Ecuador, Colombia, Brazil, Bolivia and Chile. The capital is Lima. Peru is a multi-ethnic country with a population of about 31.2 million. Peru is a presidential parliamentary democratic republic divided into 25 regions. It is a developing country with a high level of human development.

Peruvian Intellectual Property Legal System

  • Decision No. 486 of the Andean Community Commission Establishing a Common Regime of Industrial Property
  • Supplementary Provisions to Decision No. 486 of the Commission of the Andean Community Approving the Establishment of a Common System of Industrial Property
  • Relevant Regulations on the Organization and Functions (ROF) of the National Defense Institute for Competition and Intellectual Property Protection (INDECOPI)
  • Copyright Act

International Organization/Agreement

  • "Convention Establishing the World Intellectual Property Organization"
  • Trademark Law Treaty
  • "Patent Cooperation Treaty" PCT
  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Paris Convention for the Protection of Industrial Property
  • Berne Convention for the Protection of Literary and Artistic Works
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Brussels Convention on the Sending of Program Signals for Satellite Transmissions
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
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Filing Language
spanish

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Peruvian National Institute for the Defense of Competition and Intellectual Property

English: National Institute for the Defense of Competition and Protection of Intellectual Property, abbreviation: INDECOPI

Website: www.indecopi.gob.pe

Peruvian Invention Patent Search: Espacenet - Página inicial

Filing Language: Spanish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Spanish Translation
  3. Viability Statement of Microorganism and Spanish Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Spanish Translation
  6. Viability Statement of Microorganism and Spanish Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

INDECOPI conducts formality and substantive examinations for invention patent applications. The formality examination usually takes about 60 days. After submitting a patent application, INDECOPI will first check the application in detail for compliance with defense and atomic energy requirements. The applicant shall file response within 30 working days to the notice of correction issued by the examiner. Failure to respond or an unsuccessful response will be deemed abandoned. The response period may be extended to 60 working days. Within 18 months from the filing date after passing the formality examination, INDECOPI will publish the patent application in the Peruvian Official Gazette, and any third party can raise opposition within 60 days from the date of publication. If an opposition is raised, INDECOPI will initiate the opposition procedure. The applicant must file response within 60 days. Within 6 months from the publication date, the applicant must file a request for substantive examination and pay relevant fees to enter the final substantive examination stage.

If the inventor or his client, the national office, or the information obtained directly or indirectly from the inventor leads to third-party disclosure, a novelty grace period of 12 months before the filing date/priority date can be enjoyed.

2-3 years

  • Grant Fee: None.
  • Annuity: Annuity should be paid year by year from the 1st year from the filing date. The annual fee due date is the last day of the month in which the filing date falls. Annuitys may be paid in advance for two or more years. After the due date, the payment can be postponed within a grace period of 6 months, but the penalty must be paid at the same time.

Reinstatement of priority is accepted on grounds of "due care."

No

Yes. The applicant may request to convert the patent type from Invention to Utility Model before the patent is granted.

发明专利、实用新型及外观设计进入国家申请流程
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