Registration of industrial designs in Peru – Every company that owns an industrial design and intends to expand its business in the Peruvian market should use the Peruvian intellectual property system. It is paramount for businesses to file an industrial design application in Peru for industrial designs, even if the launch of the respective product on the market in Peru has not yet commenced.
Requirements for industrial design registration application in Peru
An industrial design application in Peru requesting the right of priority must be filed within 6 months from the priority date. This period cannot be extended.
The official language when registering an industrial design at the Peruvian Intellectual Property Office is Peruvian. Design applications may be filed in any language; however, a translation into Peruvian must be submitted within 3 months from the date of application.
The following information and documents need to be provided in the application for registration of an industrial design in Peru:
- name, address, and nationality of the applicant, business address;
- proof that the respective fees have been paid;
- design drawings.
A copy of the simply signed Power of Attorney must be submitted within 30 days of applying. There is no need to legalize or notarize this document.
If priority is requested, a certified copy of the priority document and a Spanish translation of this document must be submitted within nine months of the priority date.
Examination of an industrial design application in Peru
The formal examination of an industrial design registration application in Peru must be carried out within 15 days from the date of filing. The Patent Office will not examine the novelty of an industrial design if no objection is filed based on the existence of a prior design or the novelty of the public design. However, if the lack of novelty of the industrial design is evident, the Competent Authority will naturally refuse the design registration application.
Validity period and renewal of industrial designs in Peru
The renewal period for the novelty of an industrial design in Peru is one year before the priority date. This time limit will apply if the industrial design is disclosed by the design creator or by a person authorized by the design creator, the intellectual property office of the country, or a third party that has received the information directly or indirectly from the designer or their designee.
Official licensing fees or annual industrial design maintenance fees are not regulated in Peru. The validity period of an industrial design in Peru is ten years from the filing date.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Peru should perform an industrial design search in Peru through a law firm, or an industrial design attorney.