To file a patent in Peru, it must be processed before the Peruvian National Institute for the Protection of Intellectual Property (INDECOPI), as they are the authority responsible for managing intellectual property registration applications in Peru. Peru has been a Party to the Patent Cooperation Treaty (PCT) since 2009.
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What is a patent in Peru?
A patent in Peru is an exclusive right granted by the Peruvian National Institute for the Protection of Intellectual Property to commercialize an invention or inventions during a certain period of validity and in a specific territory. The duration of an invention patent is 20 years and that of a utility model patent, 10 years. In both cases, the period is counted from the date of filing of the application.
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.
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- Full name and address of the applicant, whether an individual or a corporation.
- Patent text (specification and claims), and figures if applicable.
- Power of Attorney, duly signed by applicant. The due date is applied after the office action.
- Copy of any amendment made to the patent specifications if it applies.
- Certified copy of the priority document 16 months from the filing date of the Priority application, in cases from the Paris Convention. This is not needed for PCT.
- Spanish Translation: When the priority application has been filed in a foreign language, a translation into Spanish of the application must be filed. The translation into the Spanish language must be filed and attached to 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 average time frame from filing the application to granting of the patent is approximately 3 years.
The maintenance fees are obligatory starting from the filing date. The same are paid annually starting from the first year. The deadline for each payment is calculated from the International filing date, however, it can be effected 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.
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This content may suffer modifications due to updates in the official regulations of Argentina.
