Latin America

Relevant changes regarding the prosecution of Patent Applications in Peru.

Posted on 16/10/2018 by balder


On September 5, 2018, Legislative Decree No. 1397 was issued, introducing the following main changes for prosecution of patent applications:

  • It is only compulsory for the Patent Office to issue one (1) technical report prior to issue an issuance of rejection decision; although this provision is not new it is now being strictly applied.

  • A period of 15 days is established to file appeal against an eventual rejection decision, being no longer possible at this stage to amend the application.

  • The claims of a divisional application must not contain the same subject-matter which is intended to be protected by the originally filed application.

These new provisions force the applicant to take special care to comply with the requirements expressed by the Patent Office in the first technical report, since this may be the only chance to amend the application and to solve the objections raised.

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