• Patent fees

Fees associated with the Peruvian PCT national phase entry as well as other patent fees are available in the fee calculator.

• Time limits for the PCT national phase entry in Peru 

The time limit for Peruvian PCT national phase entry is 30 months as of the date of priority. It is possible to restore the term for national phase entry within two additional months in case the applicant proves the reason for missing the deadline.

• Minimum of filing documents in Peru

For obtainment of a filing date the PCT national phase patent application shall 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.

• Language of the Peruvian patent application

It is required to file applications with the Peruvian Patent Office in Spanish.

• Power of Attorney requirements

A copy of a simply signed Power of Attorney must be submitted within two months from the PCT national phase entry (the term can be extended for two months). Legalisation or notarization is not required.

• Substantive examination

The applicant must file a request for substantive examination within six months following the publication of the application.

• Novelty grace period

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 his assignee, national office or a third party who obtained the information directly or indirectly from the inventor or its assignee.

• Grant and maintenance fees

There is no official grant fee in Peru. Patent maintenance fee must be paid starting from the first year counting from the international filing date. Maintenance fee shall be paid annually in advance. The due date of each annual fee shall be 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. Patents in Peru are granted for a period of twenty years from the filing date. 

• Representation by a patent attorney

For foreign applicants, it is necessary to perform the Peruvian PCT national phase through an agent (any natural or legal person residing in Peru). It is recommended to use services of registered Peruvian patent attorneys to facilitate the registration process.

• Notes

1. Online Search Databases: Peruvian National Patents, LATIPAT.
2. Entering PCT national phase in Peru as a utility model is possible. Utility models 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 international filing date.

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