ESTUDIO DELION

PATENTS IN PERU

Patent Registrations in Peru and worldwide, Opositions, Litigations, claiming of priority, patent searches etc.

RegistrATIONS of Patents in Peru

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.

Services:

®Patent searches in Peru and abroad including our legal evaluation report related to the registrability.

®Registration of a Peruvian patent including preparing, filing and prosecution.

®Peruvian Patent Publication in the Official Gazette "El Peruano".

®Annuities.

®Claiming of foreign priority.

®Peruvian Patent Recordal of Assignment, License, Merger, Change of Name or Address.

®Reconsiderations.

®Peruvian Patent Oppositions.

®Appeal and defense to an appeal filed by third parties.

®Peruvian Patent Nullities, cancellations and other related matters.

®nfringements and Unfair competition actions.

®Integral Consultancy.

the Patent Registration in PEru:

I . General Data:

  • Inventor(s)'s name, address and nationality;
  • Title of the Invention; Patent specification; One or more drawings, if necessary in order to understand the invention, which are considered part of the specification;One or more claims; and
  • Summary

II . Documents Required:

1. Power of Attorney(*); it must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company.

One Power is sufficient for any numbers of applications on behalf of a same applicant.

2. Priority Document; Peru is a member country of the Paris Convention. Priority can be claimed based on a Patent application filed 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.

3. Deed of Assignment(*); When the applicant is a person different than the inventor, a deed of assignment from the inventors is required, duly legalized. Deed of Assignment can be deposited within the two (2) monthsafter the filing date of the Peruvian Application.

4.Translation into Spanish Language; When the priority application has been filed in a language different than the Spanish, a translation into Spanish of the description and claims must be filed. The translation into Spanish language must be filed attached to the application. Peruvian Patent Office will not accept the filing of the Patent application and any serial number and filing date will be given, if the translation into Spanish language is not enclosed.

III . Peruvian Industrial Property laws in force:

Andean Community: 
Decision 486
Common Intellectual Property Regime
Decision 689 
The Andean Community laws are supranational

Domestic laws: 
Legislative Decree 1075, which approves complementary provisions to Decision 486 of the Commission of the Andean Community.

International Agreements: 
Paris Convention. 
Panamerican Convention
TRIPS trade-related aspects of intellectual property rights.
Patent Cooperation Treaty PCT.

IV. Prosecution of a Regular Patent takes: from 3 years or more approximately.

V. Validity of an Invention PatentAn Invention Patent is granted for a period of twenty (20) years.

VI. Annuities: These must be paid from the third anniversary after depositing the application.

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

 

Andean Community:

Decision 486.

Common Intellectual Property Regime.

Decision 689.

The Andean Community laws are supranational Domestic laws: Legislative Decree 1075, which approves complementary provisions to Decision 486 of the Commission of the Andean Community.

International Agreements:

Paris Convention.

Panamerican Convention.

TRIPS trade-related aspects of intellectual property rights.

Trademark Law Treaty TLT 1994.