Peru of Global Patent GO——Introduction to Patent Application in Peru

As early as 11,000 years ago, there were human footprints in Peru. The Inca Empire once ruled the entire South America. The Inca civilization created was splendid and brilliant, and created the first economic crop of mankind: the potato. Prior to the Spanish occupation, Peru had only oral literature, and writing was not introduced until the 16th century.

Obviously, as a developing agricultural country, Peru's economy and international trade are not developed enough, which also determines that its intellectual property protection level is still far behind other countries. But this does not hinder Peru's determination to progress. In 2015, the China National Intellectual Property Office and Peru conducted training on the exchange of personnel, and established the China-Peru Intellectual Property Working Group and the Patent Cloud Examination System CPES; Strengthen the cooperation agreement and the memorandum of understanding on the cooperative patent classification CPC; in 2013, Peru created the innovative science and technology framework fund FOMITEC, which allocated 280 million US dollars to the design and operation of financial and economic tools to promote the development of research and innovation to improve competitiveness In 2020, Peru joined the IAP program, which is an "Inventor Assistance Program" jointly developed by WIPO and INDECOPI, which aims to help inventors with insufficient resources and patent attorneys pair up to help inventors effectively use the patent system. "Making access to patents for all" is the reason why Peru joined this plan, and there are already Peruvian green technology innovation companies like qAIRa benefiting from this plan.

Today, China has become Peru's largest trading partner, largest export market and largest source of imports in the world. China's total investment in Peru has exceeded 20 billion US dollars, and the number of Chinese-funded enterprises in Peru has increased to 170, involving fields such as mineral exploration and development, forestry, finance, oil resource development, and logistics services. Currently, Peru has become the fastest growing economy in Latin America.

Introduction to the Peruvian Patent System

1. Peruvian patent application filing language

spanish

2. Types of patent protection in Peru

Inventions, utility models, designs

3. Paths for Chinese applicants to apply for patents in Peru

Paris Convention, via Nationalization of PCT to enter the Peruvian national phase, direct application

4. Submission Deadline

Paris Convention: 12 months, accepting the restoration of priority on the grounds of "due attention"; the via Nationalization of PCT to enter the Peruvian national phase is 30 months, and can enter at the latest 34 months;

5. Review unit

National Institute for the Defense of Competition and Protection of Intellectual Property, referred to as INDECOPI

6. Review process

-Formal review: 15 days; INDECOPI first reviews whether the application meets the requirements of national defense and atomic energy, and if it receives a notification of formal corrections, it must reply within 30 days;

- Substantive examination: Substantive examination request must be submitted within 6 months after the publication of the application at the latest. There is a 60-day objection period after publication. INDECOPI will convey the objection and require the applicant to give a reply within 60 days. If no objection is received, INDECOPI will conduct a final examination and grant the patent right.

7. Authorization and annual fee

Peru does not charge authorized official fees, and the annual fee should be paid year by year starting from the first year from the filing date, and should be paid before the last day of the month where the filing date is located each year. Annuitys can be paid for 2 or more years in advance. There is a 6 month late payment period.

Features of Peruvian patents

1. There are two types of penalties for intellectual property infringement in Peru, one is a warning, and the other is a fine. The penalty amount is 1-150 tax units. If the income brought by the infringement activities is not less than 75 tax units, the penalty amount is illegal profit. and 20% of the sales revenue; the illegal act of infringement again will be regarded as a serious infringement, and the punishment will not be lower than that of the first infringement;

2. Peru is becoming the production base of the world's bio-giant companies, and major bio-gene and agricultural companies are increasing their industrial layout in Peru, which of course also includes the layout of intellectual property rights;

Friendliness to Chinese applicants:

★★★

Gold content of patent rights:

★★

The degree of perfection of the rights protection mechanism:

★★