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Before your Peruvian design registers, INDECOPI's Dirección de Invenciones y Nuevas Tecnologías examines it against Decision 486's requirements. Our team at Brealant manages this stage and responds to any issues the examiner raises.
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Legal Definition of Design Examination
Examination is INDECOPI's substantive review of a design application, checking that it meets Decision 486's requirements and doesn't fall within an excluded category, once the opposition period has closed.
Purpose and Function of Examination
The examiner considers the application itself, any prior art raised during opposition, and whether the design's appearance is dictated solely by technical function or otherwise excluded under Decision 486.
Protecting Your Path to Registration
A well-prepared application, with clearly drafted representations, gives the examiner less reason to raise objections and keeps your design moving toward registration.
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Contact
Discuss your pending design application and its examination status with Brealant.
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Search
We review your application, any opposition raised, and the examiner's file in detail.
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Quote
Receive a service quote for managing the examination stage and any resulting objections.
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Pay
Proceed with secure payment for the selected services.
File
We prepare and lodge any submissions or amendments the examination calls for.
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Wait
We monitor for the examiner's decision or any further requirements from INDECOPI.
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Response
You receive INDECOPI's decision — registration, or a report requiring a response.
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In Peru, once the opposition window closes, INDECOPI's DIN examines the design against Decision 486's requirements before deciding whether to register it. Understanding what the examiner is checking — and responding promptly if issues are raised — is the clearest way to keep the process moving.
Brealant manages the examination stage proactively, so any objections are addressed promptly and your design keeps moving toward registration without unnecessary delay or loss of protection scope.
Examination is a required step, but it has real limits
No Guaranteed Outcome
Examination doesn't guarantee registration — objections may be raised that require a response.
Fundamental Novelty Issues
A response can't overcome a design that's genuinely identical, or insufficiently different, from something already disclosed.
Limited Scope of Review
The examiner's review doesn't replace the value of your own pre-filing search against global sources.
Doesn't Prevent Future Challenge
Registration following examination doesn't prevent a third party later bringing a nullity action.
Time-Bound
Any deadline set for responding to an examination objection must be met, or the application can lapse.
Brealant helps you understand exactly where your application stands at each stage of examination.
A well-managed examination process protects
Your Path to Registration
Keeping the application on track toward acceptance and grant.
Your Filing Date
Preserving the priority and filing date established when the application was first lodged.
Your Representations
Managing any objections in a way that avoids unnecessary changes to the design as filed.
Your Commercial Timing
Keeping the process on schedule to align with product launches or licensing plans.
Brealant manages this process closely so nothing falls through the cracks.
Examination generally follows these stages
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Opposition Window Closes
Examination proceeds once the 30-business-day opposition period has closed, or any opposition filed has been resolved.
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Substantive Review
The examiner assesses the application against Decision 486's requirements and any grounds raised in opposition.
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Objection (If Issues Found)
INDECOPI issues a report if grounds for refusal are identified, giving the applicant an opportunity to respond.
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Registration or Refusal
If the design meets the requirements, INDECOPI grants registration; otherwise the application may be refused.
Once the opposition window closes, examination is typically completed within a few months, though this can vary depending on INDECOPI's workload and whether objections are raised.
Examination costs are generally included within the overall registration process
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Examination is generally covered within the official filing fee already paid when the application was lodged; INDECOPI does not typically charge a separate fee for this stage.
Brealant's professional fee covers monitoring the examination stage and preparing any necessary response, quoted based on complexity.
Brealant helps you understand exactly where your application stands at each stage of examination.
Once your design registers, Brealant can support ongoing monitoring for copying and, because Peruvian design terms are fixed at 10 years with no renewal, help you plan ahead for refreshed filings covering any updated versions of your product.
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Yes — once the opposition window closes, INDECOPI's DIN automatically proceeds to examine the application against Decision 486's requirements; there's no separate request needed, unlike some patent systems.
Whether the application meets Decision 486's formal and substantive requirements, and whether any grounds raised in opposition affect the outcome.
You'll have an opportunity to respond or amend before INDECOPI decides whether to register or refuse the design.
No — the examiner's review doesn't involve an exhaustive worldwide search, so a private pre-filing search remains a valuable, separate step.
Typically a few months once the opposition window closes, though this can vary depending on INDECOPI's workload.
Examination considers worldwide novelty, since any public disclosure anywhere before the filing (or priority) date can defeat it, not just prior Peruvian designs.
The examination fee is typically bundled into the overall filing fee for industrial designs, rather than charged as a separate later-stage fee.
Peru doesn't offer a formal accelerated design examination track, so timelines follow INDECOPI's standard processing order.
Once examination is cleared, INDECOPI publishes the design for opposition, and if no opposition is filed (or it's resolved in your favor), the registration is granted.
Yes, you can submit corrected or clarified representations in response to an examiner's objection, provided the underlying design isn't substantively changed.
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