To file a patent in Peru, applicants must submit the application to the Peruvian National Institute for the Protection of Intellectual Property (INDECOPI), the authority that manages intellectual property registrations in the country. Since 2009, Peru has been a member of the Patent Cooperation Treaty (PCT).
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What is a patent in Peru?
The Peruvian National Institute for the Protection of Intellectual Property grants a patent as an exclusive right to commercialize an invention within a specific territory and for a defined period. An invention patent remains valid for 20 years, while a utility model patent lasts for 10 years. In both cases, the term begins on the application’s filing date.
How to file a patent in Peru?
The official language for patent filing in Peru is Spanish. A patent application in Peru can be done on-line, by post or personally.
Our in-house translators can assist you.
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First, provide the full name and address of the applicant, whether an individual or a corporation.
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Next, include the complete patent text, which consists of the specification and claims, along with figures if applicable.
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Additionally, submit a Power of Attorney duly signed by the applicant. The deadline for this document begins after the office issues an action.
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If applicable, include a copy of any amendments made to the patent specifications.
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Furthermore, when claiming priority under the Paris Convention, submit a certified copy of the priority document within 16 months from the priority application’s filing date. This requirement does not apply to PCT applications.
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Finally, if the priority application was filed in a foreign language, attach a Spanish translation of the entire application. This translation must be submitted together with the application.
It may take up to around 3 years for the Director of the INDECOPI to process an application for registration. It is necessary to present an apostille document, there is no initial expiration, a hearing is required if it is not presented for the formal examination.
How is the Patent process in Peru?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation.
- Preliminary Examination: From an administrative process it is verified (after 30 working days) that the information on the forms is complete and adequate. If any of the formal requirements are not complete, the INDECOPI will issue a notification inviting the applicant to complete the missing information or documents within a 60-day term.
- Publication: After the preliminary examination is approved, the application is published in the Peruvian Gazette. From that moment anyone can access its content and submit comments within the next 60 days. This publication is effected within the first 18 months as from the national filing date.
- Examination: The term to pay the Exam fee is 6 months from the date of Publication. Patent examiners conduct a search in national and international databases to determine if the application meets the requirements of patentability.
In case the Peruvian Patent Office issues an official action on patentability matters, the applicant will have a 60-day term to file a response.
Patent term:
20 years from the date of filing of the application or the international filing date for National Phases.
PCT:
Peru is a signatory to the Patent Cooperation Treaty (PCT), which means that national phase filings of a PCT International Patent Application is possible.
Grant, validity term and maintenance fees
The Peruvian Patent Office typically grants a patent about three years after you file the application.
You must pay maintenance fees annually, starting from the filing date. The deadline for each payment is based on the international filing date, but you can still pay until the last working day of the anniversary month.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Peru through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
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This content may suffer modifications due to updates in the official regulations of Peru.
