Oscar Mago October 31 2022 What is patentable in Peru? OMC Abogados & Consultores | Intellectual Property - Peru Oscar Mago Intellectual Property In Peru, patents are covered by Andean Community Decision 486 and Legislative Decree 1075. These pieces of legislation establish that an invention (ie, an apparatus, a chemical compound, a composition, a system or a process that represents a solution to a technical problem) may be patentable if it:is new;involves an inventive step; andis capable of industrial application.Andean Community Decision 486 and Legislative Decree 1075 establish that the following are not patentable:discoveries;scientific theories and mathematical methods;the whole or part of living things as they are found in nature;natural biological processes;biological material that exists in nature or that can be isolated, including the genome or germplasm of any natural living being;literary and artistic works, or any other works protected by copyright;plans, rules and methods for the exercise of intellectual activities;games or economic/commercial activities;computer programs or software, as such;forms of presenting information;inventions where the commercial exploitation thereof in the territory of the member country concerned must be prevented in order to protect public order or morality. A commercial exploitation of an invention will not be considered contrary to public order or morality solely due to the existence of a legal or administrative provision prohibiting or regulating such exploitation;inventions where the commercial exploitation thereof in the respective member country must be prevented in order to protect the health or life of persons or animals, or to preserve plants or the environment. The commercial exploitation of an invention will not be considered contrary to health or the life of people, animals, plants or the environment solely due to the existence of a legal or administrative provision that prohibits or regulates such exploitation;plants, animals and biological procedures for the production of plants or animals other than non-biological or microbiological procedures;therapeutic or surgical methods for human or animal treatment, as well such as diagnostic methods applied to humans or animals; anduses and second uses of products or processesOwners of inventions that are not patentable in Peru may wish to explore the option of registering their invention in another country.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.