table of contents
Basic information about Peru
| area | 1,285,220 square kilometers |
| population | 3340 million people (2022) |
| capital | Lima |
| People | 45% indigenous, 37% mestizo, 15% European, 3% other. |
| Official terminology | Spanish, Quechua, Aymara |
| currency | Nuevo Sol (PEN) |
Overview of Peru’s Intellectual Property Law
Main treaties related to industrial property rights to which we are a member
・Paris Convention
・Patent Cooperation Treaty (PCT)
・World Trade Organization Agreement (WTO)
- Andean Community of States member states (Colombia, Peru, Bolivia and Ecuador) Carnata Agreement Decision No. 486
patent system
Application route
It is possible to apply through the PCT and Paris routes.
Application language
Spanish
Documents required for application
・Summary of the invention
・Specification of invention
·claim
・Required drawings
Inventions that cannot be patented
The following inventions cannot be patented:
① If the invention is a discovery, a scientific theory, or an arithmetic method
② If the invention is a literary or artistic work
③ If the invention is a mental activity
④If the invention is a computer program
⑤When the invention is the presentation of information
Application publication
The application will be published 18 months after the filing date or priority date.
The right to provisional protection arises after the application is published.
Opposition before grant of patent
Interested parties may file an opposition within 60 days after publication of the application.
In response to this opposition, the applicant may submit a written opinion or amendment within the designated period.
Examination
The application will undergo a preliminary examination to determine whether it meets the formal requirements. If the applicant does not respond to the formalities instruction within the specified period, or if the defects remain unresolved even after responding, the application is deemed to have been abandoned. This response period can be extended by two months only once upon request from the applicant.
Substantive examination of an application will be conducted after the expiration of the period for opposition before grant of a patent, if the applicant requests substantive examination within 60 days after publication of the application.
If a patent has already been filed in a foreign country for the application to be examined, the results of the search and examination already conducted at the foreign patent office must be submitted.
The applicant may respond to the examination report within 60 days (with a 30-day extension possible) from the notification of the examination report.
The Japan Patent Office and the Peruvian Fair Competition and Intellectual Property Protection Agency have been implementing a pilot program for the Patent Prosecution Highway since November 2017, 11.
Application change
While a patent application is pending, the applicant may convert the patent application into a utility model registration application.
Application division
While the application is pending, the applicant may file divisional applications within the scope of the application originally filed.
appeal
A person who is dissatisfied with a decision of the Patent Office may file a complaint with the Intellectual Property Division of the Administrative Court of the Patent Office.
Duration of patent right
20 years from the filing date.
utility model system
Application route
It is possible to apply through the PCT and Paris routes.
Application language
Spanish
Protection target
The shape and form of machines, devices, tools, etc., articles, or their parts are subject to protection.
Documents required for application
・Summary of the idea
・Details of the idea
・Paper in which the complaint is written
・Drawings of the idea (submission of drawings is mandatory)
From application to registration
The examination process is the same as for patent applications.
Reasons for non-patentability
② Items that do not fall under the definition of a utility model
③Buildings, three-dimensional objects, and pure works of art
Duration of utility model right
10 years from the filing date.
design system
Application route
It is possible to apply through the Paris route. *Not a member of the Geneva Amendment Agreement of the Hague Agreement
Application language
Spanish
Protection target
“A new industrial design of a particular appearance of a product derived from the arrangement of lines, color combinations, or two-dimensional or three-dimensional external shapes, lines, contours, shapes, textures or materials” (Karnata Agreement Decision No. 486, Article 113) Article 115)
Documents required for application
・Petition
・Drawings or photographs. In the case of a flat surface, it can be replaced with a sample of a product that incorporates the design (Article 117 of the same)
Application publication
There is no application publication system. However, the application will be subject to a preliminary examination regarding its formality, and if it meets the requirements, it will be published (published) in the gazette.
Objection system
Any person may file an objection within 30 days from the date of publication.
Examination
There is no review request system.
There is no priority examination system or accelerated examination system.
A substantive examination will be conducted after the opposition period has passed or if no opposition has been raised.
Reason for non-registration
②Violation of public order and morals
③Industrial designs whose appearance consists only of technical or functional aspects
④ Industrial designs with the necessary configuration to enable a product incorporating the design to be assembled or connected with another product of which the product is a part (Article 116 of the same Act)
Invalidation trial system
There is an invalidation trial system, and anyone can petition the Patent Office for invalidation.
Duration of design right
The period is 10 years from the filing date.
System unique to design law
The partial design system, assembly design system, related design system, and secret design system have not been adopted.
trademark system
Application route
It is possible to apply through the Paris route. *Not a member of Madpro
Application language
Spanish
Type of trademark
Word trademarks, figure trademarks, symbol trademarks, three-dimensional trademarks, combination trademarks, color trademarks.
*There is no defensive mark system.
*One application, multiple classification system adopted
Protection target
Goods, services, certification marks, collective marks, advertising slogans, designations of origin, trade names.
Trademark classification
Adopts international classification (Nice classification/10th edition). *Not a member of the Nice Agreement
Documents required for application
・Application form
・Trademark sample
Application publication
The application will undergo a preliminary examination for formality and will be published if it meets the requirements.
Objection system
Interested parties may file an objection within 30 days from the date of publication.
Examination
A substantive examination will be conducted.
Reason for non-registration
① Signs that are not sufficiently distinctive or cannot be visually displayed
② Signs consisting of the normal shape of the product or its packaging, or a shape or feature derived from a special function of the product or service in question
③ Signs consisting of shapes that provide functional or technical advantages to the products or services being used.
④ Signs consisting solely of signs or indications used to specify or explain the type, quality, quantity, purpose, value, place of origin, production period, or other details, characteristics, or information of the goods or services being used.
⑤Signs consisting solely of signs or indications that generally or normally indicate the related goods or services in everyday language or in the context of usage in that country.
⑥ Signs consisting of individual colors without divisions expressing specific shapes
⑦Signs that violate public order and morals
(8) As a mark or a component of a mark, such as a lapel pin, flag, emblem, or official sign, and a sign indicating control or guarantee adopted by the state, a sign reproduced or imitated without the consent of the competent authority, and a coat of arms. Signs which are imitations thereof from a scientific point of view, as well as lapel pins, flags, other emblems, names and abbreviations of international organizations;
⑨Signs indicating compliance with technical standards.
⑩ A sign that reproduces or imitates or contains the name of a plant variety protected in a member state of the Andean Community or a foreign country, and the sign is intended to be used for goods or services related to the variety, or If there is a risk of confusion with or association with the variety in question due to its use
⑪Signs containing indications of the country of origin of protected wines or distilled spirits
⑫ Signs consisting of domestic or foreign geographical indications that may cause confusion regarding the applicable goods or services.
Invalidation trial system
There is an invalidation trial system, and interested parties can petition the Patent Office for invalidation.
Is there a non-use cancellation system?
There is a non-use cancellation system, and non-use for three years or more in any of the Andean Community member countries (Bolivia, Colombia, Ecuador, or Peru) is subject to non-use cancellation.
Partial cancellation of designated goods and services is possible.
Duration of trademark rights
The term is 10 years from the date of registration (can be renewed every 10 years).
Variety registration system
It is a member country of the UPOV Convention (International Convention for the Protection of New Varieties of Plants), and it is possible to protect new varieties through the variety registration system. The UPOV Convention is a treaty concluded with the aim of protecting new plant varieties according to basic principles common to each country, and includes basic principles such as conditions for protection of new varieties, minimum protection period, and preferential treatment for nationals. is determined.
Peruvian Intellectual Property Law
Peruvian Industrial Property Law
Patent attorney specialist Bearded Yoshiaki