Patent filing in Peru:

Building a strong patent portfolio starts with your filing strategy. For patent filing in Peru, you need to know the local patent office requirements. This guide will take you through all filing requirements and important stats in Peru.

When conducting a PCT national phase patent filing in Chile, you must submit the following documents:

• International Application.
  • Information about the applicant(s) and the inventor(s);
  • The title of the invention, description, claims, drawings, and an abstract;
• Spanish translation of the International Application.
  • Patent specifications (abstract, description, claims and drawings) in Spanish and in Word format.
• Proof of payment of the prescribed fees.
• Request to grant a patent.
• Date and number of the priority application; Copy of the priority document, PCT application number or ISR (International search report) if it applies.
• Copy of any amendment made to the patent specifications if it applies.
• Power of attorney signed. The template of this document will be sent once the service request is confirmed. – NOT MANDATORY FOR FILING BUT HIGHLY RECOMMENDED TO AVOID FORMAL OFFICE ACTION.

For direct (Paris Convention) filings only

• A certified copy of the Priority Document is required four (3) months after filing. A Spanish translation thereof is also required.
• A simple copy of the Assignment Document is required three (3) months after filing. A simple Spanish translation thereof is also required.

When patent filing in Peru, a Spanish translation is mandatory upon filing.

For direct filings, a simple Spanish translation of priority documents and assignments must be filed three (3) months after filing.

In Peru, the deadline for filing the national phase is 30 months from the priority date.

Patent maintenance fee must be paid starting from the first year counting from the international filing date. The maintenance fee shall be paid annually in advance. Patents are granted for twenty years from the filing date.

The Request for examination must be filed within 6 months from the publication date, the cost is included in our filing fees. In Peru it is possible to request an accelerated examination under the PPH (Patent Prosecution Highway).

Once the application is published in the Official Gazette, third parties can file oppositions for 45 working days.

Regardless of filing an opposition, INAPI will require the payment of examination fees within 60 working days from the deadline to file oppositions, to conduct a Substantive Examination.

Once this fee is paid, INAPI will appoint an expert on the matter of the patent, who will issue an expert report (official action) within 60 working days from the date of his/her appointment as expert of the case.

The PPH (Patent Prosecution Highway) is a procedure that speeds up the processing of a patent application, based on the favorable result obtained in a foreign office, with which a cooperation agreement has been reached. Under the Global PPH pilot program, a request for accelerated processing can be made in Peru.

PPH is also available in Peru through the following bilateral and multilateral agreements:

• PROSUR (Latin America)
• Japan
• EPO (Europe)
• Spain
• ALIANZA DEL PACIFICO (Colombia, Mexico, Peru and Chile).

Annuities must be paid yearly.

For patent filing in Peru you must address the local office: Peru’s patent office is the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).

Their website is:

Link: www.gob.pe/indecopi

It is important to note that this website is only in Spanish.

In Peru, is possible to restore the term for national phase entry within two additional months in case the applicant proves the reason for missing the deadline.

Peru saw a -7.5% decline in total patent applications in 2023, with filings falling to 2,680. This decrease was primarily driven by a -9.6% drop in non-resident filings, which make up the majority of the country’s patent activity. Resident filings, on the other hand, continued their steady growth, increasing by 7.4% year-over-year. The data suggests a positive trend in local innovation, despite a broader decline in foreign patent interest.

The United States remained Peru’s top non-resident filer with 431 applications, though filings declined by -11.9% from 2022. Switzerland, Germany, and Japan all saw similar drops, while South Korea increased its filings, securing a more prominent position among Peru’s top filers. Notably, China dropped out of the top seven filers in Peru, continuing its broader decline in Latin America.