Estudio Delion
 
 

On June 6 2009, the Patent Cooperation Treaty (PCT) came into force in Peru. The PCT is a system that creates a single patent application procedure for all the 142 member countries . A single search is carried out that is valid for all member countries, together with a written opinion regarding the novelty, inventiveness and industrial applicability required for the granting of a patent.

Moreover, this treaty provides benefits to:

• The patent applicants. The PCT allows applicants to delay entry into the national phase, where the highest investment is carried out, until 30 months, offering a prior written opinion on the possibilities of approval. It also avoids unnecessary costs, as it allows applicants to obtain an international preliminary examination on the patentability of the invention.

• The member countries. Since they receive the result of the international search and a written opinion or report of the preliminary examination on which can be based the granting or refusal of the patent, the workload of member patent offices is reduced.

The PCT is the most effective instrument for obtaining patents worldwide because of the tools provided by the system, which are available to all member applicants. This treaty therefore marks the entry of Peru into a new stage of modernization and globalization.

 

Brief Explanation of the National Phase Procedure under PCT in Peru

  • Patent Filing.
  • Preliminary Exam.
  • Publication in the Official Gazette “El Peruano”.
  • Opposition Period: 60 days after the publication.
  • Request Formal Examination: until 30 days after the publication date.
  • Observations (90 days to respond)
  • Acceptance or rejection

Note: For the patent applications filed in the national phase according to the Patent Cooperation Treaty (PCT), it will be considered the international filing date of the PCT application. In this case, the applications will make the annuity payment from the entry to the national phase for the current year taking as reference the international filing date.

Services:

- Filing of PCT Applications.
- 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.