F.A.Q.

  • Patents
    What documents are necessary to file a patent application or an industrial design application?

    The documents that we need are:

    - Technical Document in Spanish:

    For a patent application for an invention or utility model the technical document consists of the specification, claims, abstract and drawings (the latter only if necessary).

    For an application for registration of an industrial design a graphic or photographic representation of the design and description of the views is sufficient.

    - Power of Attorney signed by the applicant in our favor, as applicable:

    If the applicant is a natural person the Power of Attorney shall consist in a private instrument signed by the applicant.

    If the applicant is a corporate entity the power must be signed by the authorized legal representative, consigning the status or title of the signor.

    The Power of Attorney does not need to be notarized nor legalized.

    - Certified copy of the previously filed patent application in a foreign country only if the applicant wishes to claim priority under the Paris Convention.

    - If the applicant is other than the inventor the assignment document evidencing the Transfer of Rights of the invention by the inventor to the applicant, must be filed in Spanish. The document must be duly notarized and legalized up to the Peruvian consul (in some countries the apostille legalization is applicable).

  • Patents
    Is it necessary to have all the documents to submit the application to the Peruvian Trademark Office (INDECOPI)?

    It is not required to submit all the documents when filling the application. It is only important to submit the technical document. The Power of Attorney, the assignment document and the certified copy of the priority application may be filed  later within the legal term.

  • Patents
    Can the translation of the technical document be submitted later to the filing of the application?

    No, It is not possible. The technical document translated into Spanish must be filed when filing the application. However, for your information, in case of not having the documents in Spanish we offer our translation service, to submit your application on time.

  • Patents
    What is the term of validity for an industrial design registration?

    For industrial design registrations the term is 10 years from the filing date of the application.

  • Patents
    Is it necessary to make a payment to keep an application in force?

    In Peru it is required to pay annual fees to maintain a patent application or granted patent in force, the annuity must be paid one year in advance. We remind you that the cost of annual fees may vary according to a table compiled by the Peruvian Trademark Office (INDECOPI). We recommend paying annuities promptly to avoid the additional payment within the grace period or worse risk that the patent application be considered abandoned.

  • Patents
    It is possible to file a patent application in national phase in Peru?

    Yes, it is possible. Peru is part of the Patent Cooperation Treaty (PCT) and its regulations, since June 6, 2009. The deadline for entry into the national phase is 30 months from the priority application date.

  • Patents
    Do I need additional documents to file an application in national phase?

    Yes, you need to file additional documents. Besides the technical document, Power of Attorney, transference of rights of the inventor (assignment) a translation into Spanish of the international application (specification, claims, abstract and drawings) as filed in the International Bureau, and, in case there were modifications, these must also be filed in Spanish.

    The technical document and the Spanish version of the international application, as amended, must be submitted at the beginning of the national phase application.

  • Patents
    How long will it take to get a patent for invention or utility model?

    If no objection to the application is raised the procedure lasts approximately 4 years, provided it meets the requirements of patentability (novelty, inventive level and industrial application) required by law.

  • Patents
    How long will it take to get registration of an industrial design?

    If no objection to the application is raised the procedure lasts approximately 6 months.

  • Patents
    What is the term of validity of a patent?

    For patents the term is 20 years from the filing date of the application.

    For patents of utility models the term is 10 years from the filing date of the application.

  • Marks
    What information do we need to apply for a trademark registration?

    1.- The denomination or label that you wish to register;

    2.- The applicant’s data name, address and nationality;

    3.- The specific  list of goods and/or services that you wish to cover with the mark, indicating the class of the International Classification of Nice that it belongs to. In the case of a multi-class application, the goods and/or services must be grouped by class, preceded by the corresponding class number and in the order disposed by the Nice Classification

    4.- If you wish to claim priority of a foreign application, indicate the number of said application, the country and the filing date.

  • Marks
    What documents do we need to apply for a trademark registration?

    - Power of Attorney duly signed by the applicant in our favor, as applicable:

    If the applicant is a natural person the Power of Attorney shall consist in a private instrument signed by the applicant.

    If the applicant is a corporate entity the power must be signed by the authorized  legal representative, consigning the status or title of the signor.

    The Power of Attorney does not need to be notarized nor legalized.

    - Certified Copy of the trademark application previously filed in a foreign country, only if the applicant wishes to claim priority according to the Paris Convention, which must be duly translated into Spanish.

  • Marks
    What is the usual waiting period for the registration of a trademark in Peru?

    There is not a determinate period of time. If no oppositions are filed by third parties against the application, nor the Examiner of the Peruvian Trademark Office makes any observations, the waiting period to obtain a trademark usually lasts between 4 to 6 months.

  • Marks
    What is the term that a trademark registration is in force in Peru?

    10 years from the grant of the registration.

  • Marks
    Does the Peruvian Trademark Office (INDECOPI) accept multi-class trademarks?

    In Peru it is possible to file multi-class applications. Which makes it possible to obtain a single registration of the mark for the different applied for classes.

  • Marks
    Is it possible to extend the list of goods and / or services covered by a trademark application or granted registration?

    It is not possible to extend the list. It is only allowed to restrict but not to extend the list of goods and/or services.

    If you want to cover more goods and / or services you must file a new application for registration. It is important to mention that the new list should not contain goods and / or services similar to those previously requested because the application would be classified as inappropriate due to duplicity.

  • Marks
    For what reasons the registration of a trademark may be refused?

    Due to similarity with a registered or previously applied for trademark.

    Because of lack of distinctiveness.

    And others, so it is advisable to do a feasibility examination and availability search before filing a trademark application.

  • Patents
    What information is necessary to file a patent application or an industrial design application?

    - Applicant details (name, address and nationality).
    - Information of the Inventor/designer (name, address and nationality).
    - If you wish to claim priority or not.
    - If you wish to claim priority of a foreign application you must consign the number of said application, country and filing date.

By cymestudio