PATENTS

PERU

GDP: $202.6 BILLION
IMPORTS: $42.13 BILLION
POPULATION: 30,97 MILLION
TOTAL AREA: 1,285,216 Km2
CURRENCY: NUEO SOL (PEN)
OFFICIAL LANGUAGES: SPANISH, QUECHUA, AYMARA
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 30 months.

Patent Law in Force:

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000)

Types of protection available:

Patent of Invention; Utility Model.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• Power of Attorney merely signed (no legalization required) within 60 days from office action.
• Assignment document from the inventors duly notarized and legalized within 60 days from office action. Not required under certain circumstances.
• Certified copy of priority application within 16 months from priority (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

NOT available.

Substantive examination must be requested by the applicant:

YES, within 6 months from publication.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60 working days from publication.

Opposition:

YES, within 60 working days from publication.

Average time from filing to grant:

4 years.

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses.

Maintenance:

yearly also during prosecution of the application.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.indecopi.gob.pe/

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