We are pleased to detail below some information about the present regulations and requirements for handling patents in Peru, comprising the Decision 486, Common Regime of Industrial Property of the Andean Community Commission as well as the Legislative Decree 823, Industrial Property Law.
TERM: Patents are now granted for twenty years counted from the filing date of the application. Utility Models and Industrial Design are granted for ten years counted from the filing date.
NOVELTY: The application must be filed before the invention has been made known to the public anywhere by oral or written description, use or any other means prior to the filing date of the application in Peru or the recognized priority. Patents are granted since January 1st, 1994 for all kind of products, including foodstuffs, pharmaceutical and chemical products and for processes of manufacturing.
WORKING: Working of the patented invention must be performed within the next three years counted from the granting date of the patent.
COMPULSORY LICENSE: If the patent is not worked after three years from granting date or four years counted from the application thereof, whichever is the oldest, then the patent maintains its validity but remains open to the granting of compulsory license to interested third parties mainly for industrial production of product under the patent or the whole use of the patented process.
ANNUITIES: Since August 20, 2010 annuities are payable to the first anniversary of filing. This also applies to applications for entry into national phase, and the first year is computed from the International filing. Upon entering the national phase it is essential to pay the first installment.