Patents |
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Peru |
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| (Latin America/Caribbean) Firm Estudio Olaechea Updated 22 Mar 2021 | |
| Which patent-related international treaty is your country is a member of? | Peru belongs to the following patent-related international treaties:
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| What kinds of protection is available for inventions? | Inventions protections available in Peru include:
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| What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Peru:
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| What are the documents and information required for filing a national patent application? | Required documents and information required for filing a national patent application in Peru include:
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| Is it possible to request early publication or a deferment of publication? | Yes, it is possible to request early publication or deferment of publication in Peru. |
| Does the applicant have a provisional right upon the publication of an application? | No, the applicant does not have a provisional right upon publication of an application in Peru. |
| When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Peru at the following times:
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| Is it required to file a request for substantive examination? | Yes, it is required to file a request for substantive examination in Peru. This should be filed within a period of six months following the publication of the application. |
| Is there a third-party opposition procedure upon publication or after grant? | Yes, there is a third-party opposition procedure upon publication or after grant in Peru. |
| What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in Peru is between 3-4 years. |
| Is there any process for accelerated examination of application? | Yes, there is a process for accelerated examination of an application in Peru. If the application is filed with the PPH system, in any of the countries in which had subscribed to such agreement. |
| To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Peru. |
| Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in Peru. There is a period of grace of six months. |
| What are the available enforcement methods in your country? | Available enforcement methods in Peru include:
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| Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | None identified. |
Patents
Peru belongs to the following patent-related international treaties:
- Paris Convention
- Patent Cooperation Treaty ("PCT")
- TRIPS
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
- Other: UPOV Convention – International Convention for the Protection of New Varieties of Plants
Inventions protections available in Peru include:
- Inventions
- Utility models
- Other: Industrial designs; Integrated circuits
The following subject matter is excluded from patent protection in Peru:
- Methods of medical treatment or diagnosis
- Computer programs
- Business methods
Required documents and information required for filing a national patent application in Peru include:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Power of Attorney
- Deed of Assignment
- Other: Translation into Spanish of the application, specification, abstracts and claims; Assignment document signed by the inventor.
Yes, it is possible to request early publication or deferment of publication in Peru.
No, the applicant does not have a provisional right upon publication of an application in Peru.
It is possible to file voluntary amendments in Peru at the following times:
- At the time of entry into the national phase (for PCT application)
- At any time during prosecution
- At the time of requesting examination
- Other: The amendment should only be done over the claims
Yes, it is required to file a request for substantive examination in Peru. This should be filed within a period of six months following the publication of the application.
Yes, there is a third-party opposition procedure upon publication or after grant in Peru.
The time period from application to grant in Peru is between 3-4 years.
Yes, there is a process for accelerated examination of an application in Peru. If the application is filed with the PPH system, in any of the countries in which had subscribed to such agreement.
Yes, it is required to pay an annuity to maintain the validity of a patent in Peru.
Yes, late payment of an annuity is permissible in Peru. There is a period of grace of six months.
Available enforcement methods in Peru include:
- Administrative enforcement
- Criminal enforcement
None identified.