Can the priority right of a utility model application in Peru be restored?

Reinstatement of priority is accepted on grounds of "due care."

1-3 years

no

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

INDECOPI conducts formal and substantive examinations of invention patent applications. The form review takes about 60 days. After submitting a patent application, INDECOPI will first check the application in detail for compliance with defense and atomic energy requirements. The applicant shall reply within 30 working days to the notice of form correction issued by the examiner. Failure to respond or an unsuccessful response to the patent application will be deemed abandoned. The response period may be extended to 60 working days. Within 18 months from the date of application after passing the formality examination, INDECOPI will publish the patent application in the Peruvian Official Gazette, and any third party can raise objections within 60 days from the date of publication of the application. If an objection is raised, INDECOPI will start the objection procedure. The applicant must respond to the objection within 60 days. Within 6 months from the publication date, the applicant must file a request for substantive examination and pay relevant fees to enter the final substantive examination.

• Licensing Fee: None.
• Annuity: payable year by year from the first year onwards from the application date. The annual fee due date is the last day of the month in which the filing date falls. Annuitys may be paid in advance for two or more years. After the due date, the payment can be postponed within a grace period of 6 months, but the penalty must be paid at the same time.

yes. The applicant may request that the patent type be converted from invention to utility model before the patent is granted.

Peruvian National Institute for the Defense of Competition and Intellectual Property

English: National Institute for the Defense of Competition and Protection of Intellectual Property, abbreviation: INDECOPI

Website: www.indecopi.gob.pe

Peruvian Utility Model Patent Search: Espacenet - Página inicial