Patent registration in Peru. Peru, officially the Republic of Peru, is a country in western South America. The sovereign state of Peru is a representative democratic republic divided into 25 regions. Peru has a high level of human development with an upper middle-income level ranking 82nd on the Human Development Index. It is one of the region’s most prosperous economies with an average growth rate of 5.9% and it has one of the world’s fastest industrial growth rates at an average of 9.6%. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Peru.
Patent in Peru
According to Peru law, a patent in Peru is a grant of a property right given by the Government to an inventor. With a patent, the inventor, or the patentee will have the right to exclude others from making, using, offering for sale, selling the invention in a country, or importing the invention into a country, along with other rights to protect their best interests.
There are two kinds of patents in Peru, including patents for Processes and patents for Goods.
To be patentable in Peru, an invention must satisfy the new, nonobvious, inventive, and industrially applicable requirements.
The novelty grace period in Peru is 12 months or 1 year before the filing date. This means that if the patent is exposed publicly within 12 months from the filing date, it will not be considered invalid.
On the other hand, the unpatentable subjects in Peru are:
- Discoveries, laws of nature, and mathematical methods;
- Aesthetic designs;
- Systems, rules, and methods for the performance of mental labor, games or management, computer programs;
- Presentation of data and abstract ideas.
Necessary documents for patent registration in Peru
The necessary documents for patent registration in Peru include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
If the priority document is not filed within 16 months, the priority will be considered renounced.
The translation of the necessary documents into the Spanish language must be filed and attached to the application.
The procedure for patent registration in Peru
To obtain a patent in Peru, the applicant needs to file their patent application to the IP Office of Peru.
The application will be examined thoroughly by the examiners at the IP Office.
If there are no problems, the patent application will be published in the Peruvian Gazette El Peruano.
It should be noted that to conduct a substantive examination, the applicant needs to file the request within 6 months from the publication date.
After the publication, all third parties will have the right to file an opposition action against the registration of the innovation. The time is not stipulated but it must be before the substantive examination proceedings are completed.
If there are no errors detected, the patent will be granted to the applicant and have a 20 years validity period.
The annuities must be paid from the first anniversary after depositing the application. There is a 6 months annuity grace period if the patentee missed the deadline for payment.
You can see a list of Peru IP Firms here.