Estudio Delion
 
 

Estudio Delion has included apart from its already renowned staff of lawyers, a multidisciplinary professional equipment who advise our clients in an integral way, from the beginning of the registration process until the obtaining of the letter patent. Important information to take into account for applying for a patent registration in Peru:
   

Patent Types

There are two kinds of Patents, namely, Patents for Processes and Patents for Goods.

International Agreements

Paris Convention, Washington Convention, Cartagena Agreement (Andean Community) and ADPIC.

Novelty Requirements

An invention may be deemed new when this is not included in the state of the art .

Claiming Priority

Priority can be claimed based on a Patent application filed in any of the member countries of the Paris Convention within the last twelve (12) months . It must be filed(a) certified copy(ies) of the priority document. It is not required legalization. This (these) must be filed within the sixteen (16) months after depositing the Priority application. If the priority document is not filed within the sixteen (16) months , the priority will be lost, but the application will follow as a normal application or as an application without priority.

Examination

Yes

Protection Period

Twenty (20 years)

Publication

Once in the Official Gazette EL PERUANO

Opposition

It is available. Decision 486 of the Andean Community allows for an opposition proceeding after publication in the Official Gazette and before substantive examination proceedings are completed.

Annuity Payments

These must be paid from the first anniversary after depositing the application.

Grace Period for Annuity Payments?

There is a six (6) months grace period.

Compulsory Licensing

At the expiry of a period of three years following a patent grant or four years following the application for a patent, whichever is longer, the competent national office may grant a compulsory license mainly for the industrial manufacture of the product covered by the patent, or for full use of the patented process, at the request of any interested party, but only if, at the time of the request, the patent had not been exploited.

Working or nominal working of Patents/Inventions

yes

Services:

- Patent searches in Peru and abroad including our legal evaluation report related to   the registrability.
- Registration of patent including preparing, filing and prosecution.
- Publication in the Official Gazette "El Peruano".
- Annuities.
- Claiming of foreign priority.
- Recordal of Assignment, License, Merger, Change of Name or Address.
- Reconsiderations.
- Oppositions
- Appeal and defense to an appeal filed by third parties.
- Nullities, cancellations and other related matters.
- Infringements and Unfair competition actions.
- Integral Consultancy.