Patents Laws in Peru
Here’s a detailed overview of Patent Laws in Peru:
🔹 Legal Framework
Patent protection in Peru is governed primarily by the Industrial Property Law No. 28216 (amended several times, latest revisions in line with international treaties).
Administered by the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).
Peru is a member of several international IP treaties and agreements.
🔹 Types of Patents
Invention Patents
Protection term: 20 years from the filing date.
Utility Model Patents
Protection term: 10 years from the filing date, non-renewable.
Industrial Designs (separate protection regime, not patents).
🔹 Patentability Requirements
To be patentable, an invention must be:
New: Not disclosed anywhere in the world prior to filing.
Inventive step: Non-obvious to a person skilled in the art.
Industrial applicability: Capable of being used in any kind of industry.
🔹 Non-Patentable Subject Matter
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations.
Schemes, plans, or rules for intellectual activities or games.
Computer programs as such.
Methods of medical treatment or diagnosis.
Plant varieties and animal breeds (except microbiological processes).
Inventions contrary to public order or morality.
🔹 Application Process
Patent applications are filed with INDECOPI.
Requirements include request, description, claims, abstract, and drawings.
Undergoes formal examination and substantive examination (novelty, inventive step, industrial applicability).
Applications are published 18 months after filing.
There is an opposition period after publication.
🔹 International Treaties
Peru is a party to:
Paris Convention for the Protection of Industrial Property.
Patent Cooperation Treaty (PCT) – allowing international patent applications designating Peru.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) via WTO membership.
Andean Community Patent System: Peru is part of the Andean Community (CAN), which provides regional patent protection through the Andean Patent System.
🔹 Enforcement
Patent holders can take civil and administrative actions before INDECOPI.
Remedies include injunctions, damages, seizure of infringing goods, and destruction of infringing items.
Criminal sanctions exist for willful infringement.
🔹 Patent Maintenance and Renewal
Annual maintenance fees start from the 3rd year.
Non-payment results in patent lapse.
Patent term is 20 years from filing date with no extensions.
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