Patent Application Encyclopedia

2-3 years

• Authorization Fee: None
• Annuity: The first annual fee needs to be paid year by year from the fifth year after the granted. The applicant should pay the annual fee within 3 months before the due date. The deadline is the last day of the month where the application date is located. Overdue payment can be made within the 6-month late payment period. Except that no penalty will be charged for the first month, a penalty of GBP 24.00 per month will be charged for the remaining months.

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

INDECOPI conducts formal and substantive examinations of invention patent applications. The form review 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 reply within 30 working days to the notice of form correction issued by the examiner. Failure to respond or an unsuccessful response to the patent application will be deemed abandoned. The response period may be extended to 60 working days. Within 18 months from the date of application after passing the formality examination, INDECOPI will publish the patent application in the Peruvian Official Gazette, and any third party can raise objections within 60 days from the date of publication of the application. If an objection is raised, INDECOPI will start the objection procedure. The applicant must respond to the objection 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.

• Grant fee: The applicant needs to pay the granted fee within 3 months after receiving the notification of the granted decision, and pay the annual fee for the first to third years at the same time.
• Annuity: The annual fee will be paid year by year starting from the fourth year from the filing date. The amount of the annual fee depends on the number of Claim, and the annual fee can also be paid. If the annual fee is overdue, it can be paid within the 6-month late payment period after the due date, but a 200% penalty must be paid at the same time.

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no

2-3 years

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

• via Paris Convention : 6 months from earliest priority date.
• EU route: 6 months from earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.

IMPI conducts formal and substantive examinations of invention patent applications. The substantive examination starts automatically, and there is no need for the applicant to submit a separate request for substantive examination. No special requirements or fees. Expedited examination can be requested through the Patent Prosecution Highway. The time limit for responding to the Office Action Notice is 2 months from the date of issue, which can be extended once (2 months).

The novelty grace period is 6 months before the filing date/priority date.

KIPO conducts formality examination and substantive examination of invention patent applications. Only after the application documents meet the conditions of formality examination, KIPO will assign the patent to the application number. Publication is completed within 18 months from the filing date/priority date. The applicant/interested party shall submit a substantive examination request no later than 5 years from the filing date. Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed. Patent applications that meet the grant conditions will be granted.

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The initial protection period is 5 years, the renewal period is once every 5 years, and the maximum protection period can reach 15 years.