Essential Guide to Industrial Designs

in

Peru

Protecting Your Product with Brealant's Expertise

A Hassle-Free Application Journey with Brealant

  • Contact

    Discuss your product and its design features with Brealant.

  • Search

    We run a design search to confirm novelty before filing.

  • Quote

    Receive a service quote based on the number of designs and product complexity.

  • Pay

    Proceed with secure payment for the selected services.

  • File

    We prepare compliant representations and file the application with INDECOPI.

  • Wait

    INDECOPI examines the application and publishes it, opening the opposition window.

  • Response

    You receive confirmation once the design registers, provided no opposition succeeds.

Clear, Simple Steps to Register Your Design

In Peru, a registrable industrial design must be new, and is protected through representations — drawings or photographs — filed with the application. INDECOPI checks the application, publishes it for potential opposition, and grants registration once that process concludes without a successful challenge.

Safeguarding Your Product's Appearance

in

Peru

—

With Brealant by Your Side

A registered design gives you documented, dated proof of ownership over your product's appearance and the ability to stop competitors from copying it, for a full 10 years from filing. Brealant manages the application so this protection is secured correctly from the outset.

Limitations

What Cannot Be Registered as a Design in Peru

Certain elements cannot be protected through design registration, including

Function Alone

Appearance dictated solely by the product's technical function, without an arbitrary aesthetic choice, generally isn't protectable as a design.

Non-Novel Designs

Designs identical or insufficiently different from something already publicly disclosed before filing.

Your Own Prior Disclosure

Designs you've already sold or shown publicly before filing, subject to a limited grace period.

Contrary to Public Order or Morality

Designs whose appearance offends public order or accepted principles of morality.

Underlying Methods or Ideas

The underlying method, idea, or function, as opposed to its specific visual expression.

Brealant reviews your product's design against these exclusions before filing, so there are no surprises during examination.

What Design Registration Protects

A registered design in Peru protects various visual elements of a product. The protection extends to

Lines and Contours

The outline and silhouette that give the product its distinctive look.

Form and Configuration

The three-dimensional shape of the product.

Texture and Materials

The tactile and material qualities that contribute to the product's visual appearance.

Ornamentation

Decorative features and finishes applied to the product's appearance.

By partnering with design experts in Peru, you can ensure your product's appearance is properly documented and protected from copying.

Timeline for Design Registration

in the

Peru

The registration process typically involves

  • Formalities Examination

    Once filed, INDECOPI's DIN checks the application meets formal requirements, generally within the first weeks.

  • Publication & Opposition

    If in order, the application is published in the Official Gazette El Peruano, opening a 30-business-day opposition window.

  • Registrability Examination

    If unopposed, or once any opposition is resolved, INDECOPI examines the design against Decision 486's requirements.

  • Registration

    If accepted, INDECOPI grants a 10-year registration and issues the certificate.

Absent objections or opposition, design registration in Peru commonly takes around 6 to 10 months from filing; contested matters take considerably longer.

Understanding

Design Application Costs

Peru

—

Simplified with Brealant

The cost of design registration depends on the number of designs filed

Official Filing Fees

INDECOPI charges an official filing fee per design, in Peruvian soles (S/), payable at the time of application.

Professional fees

Brealant's professional fee covers preparing representations and filing, quoted upfront based on the number of designs.

Brealant reviews your product's design against these exclusions before filing, so there are no surprises during examination.

Continued Design Protection in Peru

Peru

—

Supported by Brealant

Because Peruvian design registrations run for a single 10-year term with no renewal available, Brealant helps you plan around that fixed window — including monitoring for copying and, where appropriate, a fresh filing for any updated version of the product design well before the original term ends.

Frequently Asked Questions

How long does an industrial design registration last in Peru?

A single 10-year term from the filing date. Unlike many other countries, Peruvian industrial design registrations cannot be renewed beyond this term.

Is my design substantively examined before it registers?

INDECOPI's DIN reviews the application for formal compliance and grounds for refusal, and publishes it for third-party opposition, before deciding on registration.

Can I register a design that's already been sold or shown publicly?

Generally no — prior public disclosure of your own design can destroy novelty, subject to a limited grace period, so timing matters.

What can be protected as a design in Peru?

The particular appearance of a product resulting from its lines, contours, form, texture, or ornamentation.

How long does it take to register a design in Peru?

Absent objections or opposition, commonly around 6 to 10 months from filing; contested matters take considerably longer.

Who can apply to register an industrial design in Peru?

The designer or their successor in title, such as an employer under a valid assignment, can apply; foreign applicants must act through a locally domiciled representative.

Is a Peruvian industrial design registration renewable after 10 years?

No — unlike trademarks, Peru's industrial design term is a single, non-renewable 10-year period from the filing date, after which the design enters the public domain.

Can I register multiple variations of the same design in one application?

Yes, Peru permits multiple embodiments of a design within certain limits in a single application, which can reduce overall filing costs.

What documents does Brealant need to file a design application?

Clear drawings or photographs of the design from the required views, a product indication, and applicant details; a power of attorney can follow shortly after filing.

Can I claim priority from an earlier design filing in another country?

Yes, under the Paris Convention you can claim priority from a first design filing abroad if you file in Peru within 6 months of that earlier application.

Start Your Design Application

Blogs and Resources

Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .

Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations

Managing EUIPO Trademark Disputes: Effective Strategies for Brand Protection
Read More
Understanding the Grounds for EUIPO Trademark Cancellations and Invalidations
Read More
Comparing EUIPO and National Trademark Dispute Resolution Systems
Read More
Book a Free Call