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International Country Code:
PE
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Time Zone:
UTC/GMT -05:00
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Currency:
Peruvian nuevo sol (PEN)
Patent in Peru
from
1391.00
Fees associated with filing patent applications in Peru as well as other patent fees are available in the fee calculator.
Patent applications in Peru claiming priority must be filed within 12 months from the priority date. It is possible to restore the term after missing the deadline provided that the applicant acted with due diligence and failed to file the application in time.
For obtainment of filing date the patent application must contain the following:
- request to grant a patent;
- information about the applicant(s) and the inventor(s);
- the title of the invention, description, claims, drawings, and abstract;
- date and number of the priority application;
- proof of payment of the prescribed fees.
It is required to file a patent application to the Peruvian Patent Office in Spanish.
A certified copy of the priority document and its Spanish translation must be filed within 16 months from the priority date.
A simply signed copy of a Power of Attorney must be submitted within two months from the filing date (the term can be extended for two months). Legalisation or notarization is not required.
The request for substantive examination on Peruvian patent application must be filed within six months from the publication of the application.
Novelty grace period in Peru constitutes one year prior to the date of priority. It applies if the invention was disclosed by the inventor or the inventor's assignee, national office or a third party who obtained the information directly or indirectly from the inventor or its assignee.
There is no official grant fee in Peru. Patent maintenance fee must be paid starting from the first year counting from the filing date. The maintenance fee must be paid annually in advance. The due date of each annual fee is the last day of the month in which the application was filed. Two or more annual fees may be paid in advance. Late payment is possible within a grace period of six months alongside payment of a corresponding surcharge. The validity term of a patent in Peru is twenty years from the date of filing.
For foreign patent applicants, it is necessary to perform patent registration in Peru through an agent (any natural or legal person residing in Peru). It is recommended to use services of a registered Peruvian patent attorney to facilitate the registration process.
1. Online Search Databases: Peruvian National Patents, LATIPAT.
2. Inventions may also be protected as Utility Models in Peru, which are subject to formal and substantive examination. Uses, therapeutic methods, software and living matter existing in nature are not patentable in Peru. Maximum protection period of a utility model in Peru is ten years from the date of filing.
Brief summary is based on the information provided by ALLENDE & GARCIA ABOGADOS on 06.02.2024
Please contact us if the above information is not in conformity with the Peruvian IP Laws