Patent Application requirements in Peru:
1. A power of attorney duly notarized (the Notary Public must certify not only knowledge of the signer but also his capacity and ability to execute the document and duly legalized up to the Peruvian Consulate or Apostille.
2. Four copies of the patent specification and claims in Spanish.
3. Four sets of the formal drawings.
4. A certified copy of the first foreign application if priority is to be claimed.
5. If the applicant in Peru is different from the foreign applicant, a deed of assignment of the priority rights duly legalized up to the Peruvian consulate or Apostille must be filed.
6. A deed of assignment from the inventor to the applicant duly legalized up to the Peruvian Consulate.
Important observations on Patents in Peru:
Articles 15, 20 and 21 of Decision 486 of the Andean Community, which governs in Peru, establish the following:
Article 15: "Inventions shall not be considered:
a) discoveries, scientific theories and mathematical methods;
b) all or part of living beings as found in nature, natural biological processes, biological material existing in nature or that which can be isolated, including genome or germplasm of any natural living being;
c) literary and artistic works or any other protected by copyright;
d) the plans, rules and methods for the exercise of intellectual activities, games or economic-commercial activities;
e) computer programs or software, as such; Y,
f) ways of presenting information ".
Article 20: "They shall not be patentable:
a) inventions whose commercial exploitation in the territory of the respective Member Country must necessarily be prevented to protect public order or morality. For these purposes, the commercial exploitation of an invention shall not be considered contrary to public order or morality only due to the existence of a legal or administrative provision that prohibits or regulates said exploitation;
b) inventions whose commercial exploitation in the respective Member Country must necessarily be prevented to protect the health or life of people or animals, or to preserve plants or the environment. For this purpose the commercial exploitation of an invention shall not be considered contrary to the health or life of people, animals, or for the preservation of plants or the environment only because of the existence of a legal or administrative provision that prohibits or that regulates said exploitation;
c) plants, animals and essentially biological procedures for the production of plants or animals that are not non-biological or microbiological procedures;
d) therapeutic or surgical methods for human or animal treatment, as well as diagnostic methods applied to humans or animals. "
Article 21: "Products or procedures already patented, included in the state of the art, in accordance with Article 16 of this Decision, shall not be the subject of a new patent, for the simple fact of attributing a use other than originally understood by the initial patent. "
Trademark Law in Peru
Legal basis is the Andean Community Decision 486 - Common Industrial Property Regime in force since December 1, 2000, and the Legislative Decree No. 1075 in force as from February 1, 2009, last amended with the Legislative Decree No. 1397 published in September 7, 2018.
Peru is a member of the Andean Community.
According to the Andean Community agreement, there are common rules in trademark law in all member states of the Andean Community (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Trademark Applications Remarks in Peru:
• Uni-class system
• Claiming priority according to the Paris Convention
• Technical Examination system and opposition system of third parties based on the application’s publication.
Nice classification, 11th edition. Multiple-class applications are possible. Even though one application is possible, the official fees have to be paid for each class.
Trademark Registration Procedure in Peru
The application is filled at the Direction of Distinctives Signs of the Peruvian Trademark Office (INDECOPI).
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Prior to registration, the trademark application will be published in the electronic gazette of INDECOPI.
If not objection or opposition filed the trademark application in granted.'
National Opposition Period
The opposition period is 30 working days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Community.
A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
To register a trademark in Peru you must send us your instructions with the following:
a) The applicant's data (full name, identification number, nationality, address),
b) the trademark (if it is mixed or figurative in .pdf, .gif, .jpg or equivalent format),
c) the class or products or services to be protected, and
d) the power of attorney (POA) simply signed. Do not required any notarization or consular / apostilled legalization.
Notes: The power of attorney it is enough that it is signed in a simple way and the position or position with which the signer acts is indicated, and it will be sent first scanned by email and the sending after the original by airmail mail is optional.
Timeframe registration in Peru:
The registration of a trademark takes approximately 5 to 6 months, if it has no problems, and approximately 8 to 12 months for each instance, if there are oppositions.
It is worth mentioning that Peru is a member of the Paris Convention and it is possible to claim priority in our country, if applicable. A certified copy of the application from which the priority rights are claimed. This document may be filed along with the application or during the following 3 months after filing.