PROSECUTION GUIDELINES

You have questions – we have the answers!
You will find here all the important information about filing trademarks, designs and patents.

Choose the country from the below options or just contact us for other territories.

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 System: 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/