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DELION Peruvian Patent Lawyers – Patent registration, Patent Oppositions, Peruvian Patent Litigations

Patent Registration in Peru

Registro de patentes en Perú

ESTUDIO DELION - Peruvian Patent Lawyers

Patent registration in Peru, Patent Oppositions, Peruvian Patent litigations

ESTUDIO DELION – Peruvian Patent Lawyers, have more than 38 years of experience in the Peruvian Patent Registration Process before INDECOPI and everything related to it, such as Patent oppositions in Peru, Patent litigations, infractions for the illegal use of a Patent, etc.

Our Peruvian Patent Lawyers firm has included, apart from its staff of lawyers, a multidisciplinary professional team who integrally advise our clients from the beginning of the patent registration process until obtaining the patent letter.

We Count With Associates Worldwide To Offer a quality Service In Any Other Country.

ESTUDIO DELION Since 1984 Prestige - Experience - Success

ESTUDIO DELION - Patent Attorneys

Patent Registration requirements in Peru

I. General data

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

II. Documents

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 number of applications on behalf of the 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

A certified copy(ies) of the priority document must be filed. It is not required for legalization.

This (these) must be filed within the sixteen (16) months after depositing the Priority application. If the priority document is not filed within sixteen (16) months, the priority will be lost, but the application will follow as a regular application or as an application without priority.

3. Deed of Assignment; 

When an applicant is a person different from the inventor, a deed of assignment from the inventors is required and duly legalized. The deed of Assignment can be deposited within two (2) months after the filing date of the Peruvian Application. 4. Translation into the Spanish Language;  When the priority application has been filed in a language different from Spanish, a translation into Spanish of the description and claims must be filed. The translation into the Spanish language must be filed and attached to the application. Peruvian Patent Office will not accept the Patent application filing, and any serial number and filing date will be given if the translation into the Spanish language is not enclosed.


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ESTUDIO DELION - Patent Attorneys

Peruvian Patent FAQ

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.

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

An Invention Patent is granted for twenty (20) years.

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

There is a six (6) months annuity grace period.

Yes. It must be published one time in the Peruvian Gazette «El Peruano«

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

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

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

Peruvian Patent Protection Period is granted for Twenty (20 years).

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.