What legislation covers patents in Peru?
What rights does a patent confer in Peru?
What kinds of inventions can be protected in Peru?
How long does patent protection last in Peru?
Who can apply for a patent in Peru?
Is it possible to license a patent in Peru, and if so, how?
This article is part of a series answering FAQs about patents in Peru.
What legislation covers patents in Peru?
Andean Community Decision 486 and Legislative Decree 1075.
What rights does a patent confer in Peru?
Patents confer to the owner the exclusive rights to a patent against third parties.
What kinds of inventions can be protected in Peru?
In Peru, products or procedures can be protected as inventions.
How long does patent protection last in Peru?
Patent protection lasts for 20 years in Peru.
Who can apply for a patent in Peru?
In Peru, any natural and legal persons (eg, companies, universities and research centres) can apply for a patent.
Is it possible to license a patent in Peru, and if so, how?
Yes, it is possible. Once a patent has been granted, it is possible to license it. The important thing is that, before entering into negotiations with potential licensees, the patentee should gather information regarding the current situation and future prospects of the relevant technology and market. In addition, the patentee must register the act of modification (ie, the licence) at the Peruvian Patent Office. This means that the patent owner authorises another individual or organisation to make, use or sell its patented invention. This concession is made in accordance with certain conditions (eg, the amount and type of payment that the licensee must pay to the licensor), for a specific purpose, in a certain territory and for an agreed period of time.
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.