Patent filing in Peru:

All you need to know about Peru patent office

brazil-general-info-patHUBlatam

Patent filing
in Peru:

All you need to know

brazil-general-info-patHUBlatam

Download our ultimate filing guide to learn the specific requirements for filing in USA + LATAM's top 7 countries

Building a strong patent portfolio starts with your filing strategy. For patent filing in Peru, you need to know the local patent office requirements. This guide will take you through all filing requirements and important stats in Peru. 

Peru Patent Statistics

Peru-patents-resident-non-resident

Peru’s patent filing data from 2020 to 2022, reveals a robust 17.3% year-over-year growth, with non-resident filings contributing significantly at 12%. Resident filings surged by 40%, driven by the local “Patenta” program aimed at boosting small and medium enterprise patent filings. Non-resident filings constitute 88%, with PCT remaining the preferred filing method in Peru.

Peru-patents-by-origin-country

In 2021, Peru’s patent scene boomed as the top 10 filers saw double-digit growth. China led with 179%, the UK followed with 111%, and the US contributed 21% growth since 2020. Despite Germany’s modest 2% increase, the overall growth trend stands out suggesting unique factors in Peru’s innovation surge. Peru defies regional trends, emerging as an interesting filing destination for global players.

Peru patent filing requirements

When conducting a PCT national phase patent filing in Chile, you must submit the following documents: 

      • International Application.
        • Information about the applicant(s) and the inventor(s);
        • The title of the invention, description, claims, drawings, and an abstract;
      • Spanish translation of the International Application.
        • Patent specifications (abstract, description, claims and drawings) in Spanish and in Word format.
      • Proof of payment of the prescribed fees.
      • Request to grant a patent.
      • Date and number of the priority application; Copy of the priority document, PCT application number or ISR (International search report) if it applies.
      • Copy of any amendment made to the patent specifications if it applies.
      • Power of attorney signed. The template of this document will be sent once the service request is confirmed. – NOT MANDATORY FOR FILING BUT HIGHLY RECOMMENDED TO AVOID FORMAL OFFICE ACTION.

    For direct (Paris Convention) filings only 

      • A certified copy of the Priority Document is required four (3) months after filing. A Spanish translation thereof is also required.
      • A simple copy of the Assignment Document is required three (3) months after filing. A simple Spanish translation thereof is also required.

      Peru translation requirements

      When patent filing in Peru, a Spanish translation is mandatory upon filing.

      For direct filings, a simple Spanish translation of priority documents and assignments must be filed three (3) months after filing.

      Term for filing

      In Peru, the deadline for filing the national phase is 30 months from the priority date. 

      Patent term, grant, and maintenance

      Patent maintenance fee must be paid starting from the first year counting from the international filing date. The maintenance fee shall be paid annually in advance. Patents are granted for twenty years from the filing date 

      Terms for requesting examination

      The Request for examination must be filed within 6 months from the publication date, the cost is included in our filing fees. In Peru it is possible to request an accelerated examination under the PPH (Patent Prosecution Highway). 

      Once the application is published in the Official Gazette, third parties can file oppositions for 45 working days. 

      Regardless of filing an opposition, INAPI will require the payment of examination fees within 60 working days from the deadline to file oppositions, to conduct a Substantive Examination. 

      Once this fee is paid, INAPI will appoint an expert on the matter of the patent, who will issue an expert report (official action) within 60 working days from the date of his/her appointment as expert of the case. 

      Patent Prosecution Highway (PPH)

      The PPH (Patent Prosecution Highway) is a procedure that speeds up the processing of a patent application, based on the favorable result obtained in a foreign office, with which a cooperation agreement has been reached. Under the Global PPH pilot program, a request for accelerated processing can be made in Peru. 

      PPH is also available in Peru through the following bilateral and multilateral agreements:  

      • PROSUR (Latin America) 
      • Japan 
      • EPO (Europe) 
      • Spain 
      • ALIANZA DEL PACIFICO (Colombia, Mexico, Peru and Chile).  

        Annuities

        Annuities must be paid yearly. 

        Local patent office

        For patent filing in Peru you must address the local office: Peru’s patent office is the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).   

        Their website is:  

        Link: https://www.gob.pe/indecopi  

        It is important to note that this website is only in Spanish.  

        Reinstatement of rights

        In Peru, is possible to restore the term for national phase entry within two additional months in case the applicant proves the reason for missing the deadline. 

        AVOID PITFALLS

        Get familiar with each country's specific filing requirements beforehand with the ultimate filing guide in USA + LATAM's top 7 countries, featuring:

        Patent and translation requirements

        Term for filing

        Patent term, grant, and maintenance

        Terms for requesting examination

        Annuity due dates

        and more...

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