PROSECUTION GUIDELINES

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You will find here all the important information about filing trademarks, designs and patents.

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Peru

GDP: $222,238 BILLION

IMPORTS: $53,337 BILLION

POPULATION: 31,989,256

TOTAL AREA: 1,285,216 KM2

OFFICIAL LANGUAGES: SPANISH, QUECHUA, AYMARA

CURRENCY: NUEO SOL (S/.) (PEN)

Local time:
WIPO-administered Treaties:
  • Contracting Party of The Paris Convention: YES.
  • Contracting Party of The Hague Agreement on Industrial Designs: NO.
Applicable Law:

Decision 486 of the Andean Commission Community. Legislative Decree 1075.

Grace period for filing applications, from disclosure:

1 year.

Multiple design applications -one application for different embodiments-available:

NO.

Formal filing requirements:
  • Identification of applicant and designer.
  • Name of the design.
  • Graphic representation or photo.
  • Type of products the design will be applied to.
  • Assignment document, notarised and legalised by means of the Apostille or the Peruvian Consulate.
  • Certified copy of priority application when applicable.
  • Power of Attorney.
Locarno classification:

YES.

Deferred publication:

NO.

Registration Proceeding Outline:
  • Filing.
  • Formal examination (no substantive examination, unless requested by a third party).
  • Publication.
  • Opposition.
  • Decision.
Opposition:

YES. Before granting and within 30 days from publication. Nullity proceedings are also possible once the design is granted.

Average time from filing to grant:

8-12 months.

Term of Protection and Maintenance:

10 years. No maintenance fees are required to be paid.

WIPO-administered Treaties:
  • Contracting Party of The Paris Convention: YES.
  • Contracting Party of The Madrid System: NO.
Trade Mark Law in force:
  • Decision 486 of the Andean Community. The Andean Pact Decision provides for one common trade mark law among the member countries (Bolivia, Colombia, Ecuador, Peru). It does not provide a common registration procedure, but it provides for certain reciprocal rights to be available upon request of the trade mark owner. For example, an entity that first applied for registration of a trade mark in any Member Country, may lodge an opposition against a similar mark filed in the other Member Countries.
  • Legislative Decree 1075 provides national complementary regulations to Decision 486.
Classification:

Nice classification, 11th edition.

Multiclass Applications:

YES.

Registrable trade marks:

All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, holograms, sound marks and any combination of the mentioned signs.

Formal filing requirements:
  • Power of Attorney merely signed (no legalisation and no notarisation required) within 60 days from the official request.
  • Certified copy of the priority application and its translation to Spanish within 9 months from the priority date.
Examination:
  • Absolute grounds for refusal: YES.
  • Relative grounds for refusal: YES.
Opposition period:

30 days from publication date.

Average time from filing to grant:

Approximately 3-4 months unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Cancellation can be requested if the trade mark has not been used for 3 years in any member state of the Andean Pact, counting from the registration date. Partial cancellation is possible.

Renewal terms:

6 months prior to renewal date.

 

Grace period:

6 months.

Link to Trade Mark Office:

http://www.indecopi.gob.pe/

WIPO-administered Treaties:
  • Contracting Party of The Paris Convention: YES.
  • Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
Patent Law in force:

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000).

Types of protection available:
  • Patent of Invention.
  • Utility Model.
First filing requirements with the local Patent Office for inventions made by nationals:

NO.

Formal filing requirements:
  • Power of Attorney merely signed (no legalization required) within 60 days from office action.
  • Assignment document from the inventors duly notarized and legalized within 60 days from office action. Not required under certain circumstances.
  • Certified copy of priority application within 16 months from priority (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
Filing of the patent application in a foreign language:

NOT available.

Substantive examination must be requested by the applicant:

YES, within 6 months from publication.

Search report must be requested by the applicant:

NO.

Observations by third parties:

YES, within 60 working days from publication.

Opposition:

YES, within 60 working-days from publication.

Average time from filing to grant:

4 years.

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses; lower threshold for inventive step.

Maintenance:

Yearly also during prosecution of the application.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES.

Link to Patent Office:

http://www.indecopi.gob.pe/

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