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PCT Patent Application
By filing a PCT patent application, applicants can simultaneously seek protection for an invention in a large number of countries.
The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent Offices with their patent granting decisions and facilitates public access to a wealth of technical information relating to those inventions. Source: WIPO
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.
Benefits of the PCT patent application in Peru
- 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.
The higher a company’s brand equity, the more likely it is to use a family brand strategy rather than an individual brand strategy. This is because the family brand makes it possible to take advantage of the assets accumulated by the brand throughout its life. This turns new product launches into initiatives with lower risk and lower cost. (Source: Wikipedia)
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.
- Filing of PCT Patent Applications.
- Registration of PCT patent including preparing, filing and prosecution.
- PCT Patent Publication in the Official Gazette «El Peruano».
- Claiming of foreign priority.
- PCT Patent Recordal of Assignment, License, Merger, Change of Name or Address.
- PCT Patent Oppositions.
- Appeal and defense to an appeal filed by third parties.
- PCT Patent Nullities, cancellations and other related matters.
- PCT Patent infringements and Unfair competition actions.
- Integral Consultancy.
1. The maximum term for entering into the Peruvian National Phase is 30 months and the minimum 20 months from the Priority Application based on the Paris Convention.
2. Applicant: Name, nationality and domicile.
3. Inventors: Name, nationality and domicile.
4. Priorities Information: Number, filing date and country.
The application must be filed in Spanish language or its translation into Spanish language. Otherwise, neither an application number nor an entry date will be given.
The application must include:
5.3 Drawings (if any)
6. If the claims or any of the above elements in 5 were amended within the international phase, it is required to file them as amended.
7. A copy of the international application, only if the international Office had not sent one, in accordance with the Article 20 of the Treaty.
8. Power of Attorney
A Power of Attorney (POA). It is sufficient you provide us with an electronic copy of this document only signed by the applicant or its legal representative, indicating his/her position below his/her signature, in accordance with the current regulations.
Note: However, since a POA legalized is necessary for infringement actions, after sending an electronic copy of the POA we suggest continuing with the notarization and consular legalization to have this ready for acting especially in infringement cases.
This POA can be filed within the two (2) months after depositing the application.
9. Special Requirements for PCT Patent application in Peru:
Documentation that proves the change of the applicant’s name just in case this change had happened after the international application was filed and the same is not reflected in the Official Notice of the International Office (PCT/IB/306)
If no declarations had been filed in accordance with the Rule 4.17 of the PCT Regulation, it would be necessary to file a declaration as to the applicant’s entitlement to apply for a patent as well as to claim priority of an earlier application.
10. Restoration of Priority
It is accepted the restoration of the Priority Right provided that it is proved the due diligence.
Essential: Only the International PCT Applications filed on or after June 6, 2009, are allowed to enter into the Peruvian National Phase.