Patent Filing Peru

The PCT national phase system enables international applicants to convert a PCT application into a national Peruvian patent application. Once filed, the application is examined under Peruvian law and the Andean Community industrial property framework.

A granted Peruvian patent allows the owner to:

• Prevent unauthorized manufacture, sale, importation, or use of the invention
• File administrative or judicial enforcement actions
• Leverage patents for licensing, commercialization, and investment purposes

Peru has strengthened its intellectual property infrastructure in recent years, including improvements in examination, administrative enforcement, and transparency. These advancements make the Peru Patent Search System an increasingly attractive jurisdiction for protecting innovations aimed at the Latin American market.

Who is Eligible to File a Patent in Peru

Any applicant or successor in title named in the international PCT application may file the national phase in Peru. Eligible applicants include:

• Individual inventors
• Corporations (foreign or domestic)
• Universities and research institutions
• Technology startups
• Public or private R&D entities
  

Foreign applicants must appoint a local Peruvian patent attorney or agent, as representation by a resident agent is mandatory before INDECOPI.

Strict Deadline for Patent Filing Peru (30-Month Rule)

Peru applies a strict 30-month deadline from the earliest priority date of the PCT Filing. The national phase entry must be completed within this 30-month period, including:

• Filing the national phase entry application
• Payment of required filing fees
• Submission of all required translations
• Appointment of a local agent

Failure to meet the 30-month deadline may result in loss of the right to seek patent protection in Peru.

Extensions After Expiry of the Deadline

Peru permits restoration of rights in limited circumstances if the applicant can demonstrate that the failure to meet the national phase deadline was unintentional and occurred despite due care. This is not automatic, and INDECOPI examines restoration requests strictly. A restoration request must be filed promptly, and additional fees may apply.

Because restoration is discretionary, applicants should treat the 30-month deadline as final.

Filing Language for Peru Patent Application

The official language for Patent Filing in Peru is Spanish.

Applicants must submit:

• A full Spanish translation of the specification
• Translated claims and abstract
• Translated text of drawings, if applicable

High-quality translations are essential to avoid errors that may affect claim scope or lead to avoidable office actions.

Required Documents to File a Patent in Peru

To complete national phase entry in Peru, the following documents are required:

1. National Phase Filing Request: Filed through a Peruvian patent attorney or agent.
2. Spanish Translation of the PCT Application: Required for all non-Spanish PCT applications. The translation must include the entire specification, claims, abstract, and Patent drawing captions.
3. Applicant and Inventor Information: Names, addresses, and nationalities.

Power of Attorney (POA)

• Simple signed copy acceptable
• No notarization required
• No legalization required
• Must be submitted within the deadline if requested

Assignment Document (if applicable)

1. If the applicant differs from the inventor listed in the PCT application.
   Assignments may require notarization and legalization if ownership is not clearly reflected in PCT records.
2. Priority Documents: Required only if not already transmitted via the international phase.

Proper document preparation ensures smooth processing and reduces avoidable formal office actions.

Peru Patent Search and Examination Procedure

Peru follows a structured two-stage examination process:

1. Formality Examination
   INDECOPI reviews documentation, translations, POA validity, and priority claims.
2. Substantive Examination
   Conducted only after a formal request for examination is filed.
   Examiners review:
   • Novelty
   • Inventive step
   • Industrial applicability
   • Claim clarity and support
   • Patentable subject matter

Substantive examination begins only after publication and upon timely request from the applicant.

Examination Process and Office Actions

During substantive examination, INDECOPI may issue office actions addressing:

• Prior art conflicts
• Lack of inventive step
• Formal deficiencies
• Clarity and support issues
• Translation inconsistencies
• Claim unity concerns

Applicants are given a statutory period to respond. Failure to respond within the deadline results in the application being considered abandoned.

Responses often require:

• Claim amendments
• Technical arguments
• Legal reasoning
• Translation corrections
• Supporting documentation

Strategic management of office actions significantly impacts grant outcomes.

Deadline for Request for Examination

A request for substantive examination must be filed within six months after the national application is published.

If the examination request is not filed within this timeframe, the application will not proceed to substantive examination and may be considered withdrawn.

Publication Process and Legal Impact

Once the application passes formal examination, INDECOPI publishes it in the Official Gazette. Publication:

• Publicly discloses the invention
• Allows third-party observations
• Establishes transparency for competitors
• Supports licensing and negotiation strategies

Although enforceable rights arise only at grant, publication marks the beginning of public notice and strategic positioning.

Grant Process and Enforceability

After substantive examination is completed and all objections are resolved, INDECOPI issues a decision to grant the patent.

Once granted, a Peruvian patent provides:

• The exclusive right to manufacture, use, sell, offer for sale, or import the invention.
• Ability to file administrative actions for infringement
• Access to civil remedies, including damages
• Support for customs and border enforcement actions
• Licensing and commercialization benefits

Enforcement in Peru has improved in recent years, with greater administrative efficiency and stronger judicial recognition of patent rights.

Validity Term

A Peruvian patent is valid for:

20 years from the international filing date
subject to payment of annual maintenance fees.

Typical Time to Get a Patent in Peru

The typical time from national phase entry to grant in Peru is 3 to 5 years, depending on

• Technical field
• Examination workload
• Number of office actions
• Quality of responses
• Translation clarity

Proactive management can shorten the overall prosecution timeline.

Annuities and Maintenance Procedure

Annual maintenance (annuity) fees are required to keep a patent active.

Key points:

• Annuities must be paid every year starting from the first anniversary of the filing date
• Grace period: 6 months with a surcharge
• Failure to pay annuities results in irrevocable patent lapse
• Annuities may be paid in advance for multiple years

Reliable annuity management is essential for maintaining enforceability.

OFFICIAL GOVERNMENT FEES FOR PERU PATENT FILING

(All amounts in Peruvian Soles – PEN)

National Phase Filing Fees

Examination Fees

Publication & Grant Fees

Annuity (Maintenance) Fees

Peru maintains a relatively simple maintenance fee structure with a flat annual rate.

Utility Model Protection in Peru

Peru provides utility model protection for inventions with technical or mechanical improvements that may not meet the full inventive step requirement of patents. Key characteristics:

• Validity term: 10 years from filing
• Shorter examination timelines
• Lower filing fees
• Ideal for mechanical devices, tools, and practical technical improvements

Utility models may also be pursued through National Phase Filing.

Peru Patent Office & Official Website

Official Website: Peru Patent Office