What does the process of filing a patent application in Peru involve?
What information is required in order to file a patent application in Peru?
How much does it cost to file a patent application in Peru?
Is it possible to challenge a decision to grant a patent application?
How long does the patent application process take in Peru?
Is it possible to keep a patent application secret in Peru?
This article is part of a series answering FAQs about patents in Peru.(1)
What does the process of filing a patent application in Peru involve?
Once an applicant files a patent application, it will go through a formal examination process. The Peruvian Patent Office will evaluate the formal requirements, including:
- the technical documents;
- the payment of a fee;
- the form;
- the power of attorney; and
- assignment documents,
After that, the application will be published in the National Institute for the Defence of Competition and the Protection of Intellectual Property Electronic Gazette of Intellectual Property so that third parties may present an opposition.
If there is no opposition, a substantive examination is carried out whereby the essential requirements are evaluated, regardless of whether the application is for an invention patent or a utility model. If the applicant obtains a favourable report, the Peruvian patent office proceeds to issue a resolution granting the patent and the certificate.
What information is required in order to file a patent application in Peru?
In order to file a patent application in Peru, it is necessary to present various documents, including:
- an application form;
- technical documentation;
- proof of the corresponding payment; and
- any other documents as necessary:
- a power of attorney, if the applicant decides to appoint a legal representative to represent them during the process; or
- an assignment of the right to the patent from the inventor to the applicant, if the inventor is not the applicant.
How much does it cost to file a patent application in Peru?
In Peru, an invention patent will require an investment of around $3,000, while a utility model patent will cost approximately $1,200.
Is it possible to challenge a decision to grant a patent application?
Yes, it is possible to challenge a decision to grant a patent application. The Peruvian Patent Office may annul a patent granted where there has been fraud, misrepresentation or inequitable conduct.
How long does the patent application process take in Peru?
A patent application process can take between two and three-and-a-half years.
Is it possible to keep a patent application secret in Peru?
No. The Peruvian Patent office grant patents in exchange for full disclosure of the invention. Information about the invention is usually subsequently published and becomes available to the general public.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 635 0641) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.
Endnotes
(1) For the first article in the series, see "Patents in Peru: overview".