no
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.
Filing Language: Spanish
via Paris Convention via Nationalization of PCT Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Power of Attorney
- Certified Priority Document
- Spanish translation of priority certificate
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
Attachments (if any)
- WIPO Publication
- ISR/IPRP
- Entering the Peruvian national phase Amendments to Article 19/28/34/41
- Sequence Listing (PDF format and TXT format)
- Certificate of Deposit of Microorganisms and its Spanish translation
- Certificate of Microbiological Survival and its Spanish translation
- Power of Attorney
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
yes. The applicant may request that the patent type be converted from invention to utility model before the patent is granted.
12 months
no
20 years
Reinstatement of priority is accepted on grounds of "due care."
Reinstatement of priority is accepted on grounds of "due care."
- via Paris Convention : 6 months from earliest priority date.