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Utility model registration in Peru
The registration of a utility model in Peru can be carried out as long as it meets the criteria:
Novelty: that has not been disclosed in any way (neither by written, oral description, use, marketing or other means).
Technical Advantage: The new form or configuration of an invention allows a better use, a different operation or adding a utility that the product did not have before. Source: Indecopi
A Utility Model is an all-new shape, configuration, or disposition of elements of any device, tool, instrument, mechanism or other object or any part itself. It lets us a better or a different performance, uses, manufacturing, or utility.
Estudio Delion provides personalized consultancy through Work Meetings and Feasibility studies which allow us to understand the necessities of the designers of utility Models who are interested in protecting their creations; these actions save time and money because they decrease transacting costs and encourage speeding up the taking of correct decisions.
Services for a utility model in Peru
- Utility Models searches by title or owner, including our legal evaluation related to the registrability.
- Registration of utility models, including preparing, filing and prosecution.
- Publication in the Official Gazette «El Peruano.”
- Claiming of foreign priority.
- Recordal of Assignment, License, Merger, Change of Name or Address.
- Appeal and defence to appeals filed by third parties.
- Nullities, cancellations, and other related matters.
- Infringements and Unfair competition actions.
- Integral Consultancy.
I. General Data:
- Inventors(´s) name, address and nationality, title of the utility model.
- Utility Model Specification.
- One or more claims.
- Drawings or designs.
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. Deed of Assignment; when the applicant is a person different from the inventor(s) an assignment from the inventor(s) duly legalized is required. Deed of Assignment can be deposited within the sixty (60) days after the filing date of the Peruvian application.
3. Priority Document; Peru is a member country of the Paris Convention. Therefore, priority can be claimed based on an Industrial Design application filed within the last twelve (12) months. A certified copy of the priority application must be filed within the sixteen (16) months after the filing date of this priority application, and this must be certified by the authority who issued the same. If the priority document is not filed within the aforesaid sixteen (16) months, the priority will be lost, but the application will follow as a normal application or as an application without priority.
An application of Utility Model must be filed before the competent National Office in Spanish language.
The Peruvian Patent Office will not accept the filing of a utility model Application and any serial number and filing date will be given, if the translation into Spanish language is not enclosed.
IV. Prosecution of a Utility Model takes:
From one (1) to three (3) years, approximately.
V. Validity of a Utility Model:
Ten (10) years.