Patents of invention

Estudio Colmenares offers the service of registration, processing, maintenance (annuity payments) and protection of Patents of Inventions, including infringements, with the knowledge and experience of more than 100 years, taking into account the law, criteria of novelty, inventive step and industrial application, as well as the value of innovation, clients’ interests and the required confidentiality.

This service is provided through the knowledge and qualified professional practice both in science and technology for the wording of claims, technical description, in several fields of innovation from engineering, chemistry to biotechnology.

To obtain protection of a patent of invention, the Patent Office carries out a patentability examination (substantial examination), wherein claims and the technical specification are examined, so as to evaluate whether they fulfill the criteria of law and, after replying the substantial examination, if no objections or oppositions arise, the  Authority issues another examination and a resolution.  The process for obtaining a patent has a duration of about 4 years.  The protection of the patent is granted for 20 years from the filing date of the application.


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.

Documents required

    1. Specification and claims, 3 copies in Spanish or one copy for translation or typing.
    2. 3 copies of drawings, if any, (paper and size optional).
    3. Power of Attorney document that does not require notarization nor consular legalization, it is only required the signature of the authorized representative of the applicant firm by mentioning its ability to act.
    4. Assignment from the inventor(s) (as per our form No. 5, or our combined form No. 2), which document must also be notarized and legalized up to Peruvian Consul. According to our current practice said document could be replaced by a sworn declaration regarding the condition of the inventors, this document would be prepared on our side.

** If you would like to download the assignment document please click here to download

If the case arises:

– A copy of the access contract, when products or processes the patent of which is applied for have been obtained or developed from genetic sources or from the derived products thereof, the origin country of which is any Member Country of the Andean Community.
– A copy of the document evidencing license or authorization of use of traditional knowledge of native, Afro-American or national villages of Member Countries of Andean Community, when products or processes the protection of which is sought have been obtained or developed from said knowledge the origin country of which is any Member Country of the Andean Community.
Deposit certificate of biological material.

  1. A certified copy of the first foreign application for the same invention.
  2. Assignment of priority rights, if the first application was filed in the name of another company.

Power of Attorney and Assignment documents could be filed within the next two months after filing application, such term could be extended just for another two months. The certified copy of the first application for the Patent of inventions/Utility Models must be filed within sixteen months, counted from the filing date of the first application. The certified copy of the first application for industrial Design must be filed within nine months, counted from the filing date of the first application.

The PCT came into force in Peru on June 6, 2009 and since that date PERU is automatically assigned in International Publication PCT application as a designated country and is able to enter the national phase within a maximum period of 30 months counted from the filing date of the earliest priority application claimed in the International Application.