HSM

Peru Patent Guide

Registration
A patent can be registered in Peru, which is a member of the Andean Community of Countries which includes Bolivia, Colombia and Ecuador, pursuant to the Andean Pact Decision No. 486 (Cartagena Agreement) which provides for national patent applications.

The following information and documentation is required:

  1. a request for the grant of the patent
  2. a description of the invention
  3. one or more claims and any drawings referred to in the description or any claim
  4. an abstract
  5. applicant’s name, address and nationality
  6. Power of Attorney
  7. certified copy of priority document (if priority is claimed)
  8. certified Spanish translation of all of the above documents

It usually takes about three years for the Director of Inventions and New Technologies at the National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI) to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete INDECOPI will issue a Certificate of Registration.

Patent Cooperation Treaty
Peru is signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.

Searches
Whilst there is no requirement to conduct a search in Peru prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within two weeks.

Expiry
A patent registration is valid for 20 years from the filing date of the application. Once the registration has expired it cannot be renewed.

Abandonment
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise INDECOPI accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Peru.

To record the assignment of a patent registration the documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney with Spanish translations.

It usually takes three months or less for INDECOPI to process an application to record an assignment. Once the recording is complete INDECOPI will issue a Certificate of Registration of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Peru.

To record a change of name and/or address for a patent registration the documentation required is the document evidencing the change (notarised and legalised / apostilled) and a Power of Attorney with Spanish translations.

It usually takes three months or less for the INDECOPI to process an application to record a Change of Particulars. Once the recording is complete INDECOPI will issue a Certificate of Recording showing the change.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA