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Patent Requirements in Peru
  In order to apply and file for a patent in Peru you need to provide  the following patent Information, and you need to send to the Attorney the original  Power of Attorney
 

1.- Peru Patent Requirements

  

  1. Name and address of the applicant. If it is a Company, place of incorporation.
  2. Name, address and citizenship of the Inventor(s).
  3. Invention Title, Summary of the Invention, Utility Model or Design.
  4. Invention, Utility Model or Design specifications / description.
  5. Claims.
  6. Formal Drawings.
  7. A Spanish Translation of the specifications is required.
  8. Legalized Assignment document if the applicant is different than the inventor (should be presented within 2 months).
  9. If claiming priority, certified copy of the first foreign patent application.
  10. Copy of priority document, including priority number and country of origin, accompanied by a Spanish translation (The priority could be claimed if the foreign patent application was filed within 12 months). The priority document should be presented within 16 months from the priority filing date, it does not need to be notarized or legalized.

 

The patent filing could be presented with the information from 1, 2, 3 and with copy of the original foreign patent information, priority information including date and number.

 

2.- Power of Attorney

 

The presentation requires a Notarized Power of Attorney legalized in the Peruvian consulate.

 

The power of attorney should be presented within 2 months from the patent filing date.


Contact our attorney in Peru


 

Patents in Peru

 

Concession time for a Patent: 20 years (from the filing date)

Concession time for a Utility Model: 10 years

Concession time for an Industrial Design: 10 years

Approximate Patent Application processing time: between 2 to 3 years (with no objections).

Member of the Paris Convention: Yes

Member of the PCT: No

Patent Office: Instituto Nacional de Defensa de la Competencia y de la Propiedad Intelectual (INDECOPI)

  

  1. Patent Filing
  2. Preliminary Exam
  3. Publication in the "El Peruano" newspaper. The patent application becomes public 18 months from the filing date.
  4. Opposition Period: 60 days after the publication.
  5. Request Formal Examination: 6 months after the publication date
  6. Observations (90 days to respond)
  7. Acceptance or rejection
  8. Payment of the Final Taxes.
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