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Before filing, a design search checks whether the visual appearance of your product is genuinely new against INDECOPI's design register, other Andean Community sources, and published disclosures worldwide. Our team at Brealant gives you a clear picture before you invest in filing.
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Legal Definition of a Design Search
A design search reviews INDECOPI's design register and other publicly available disclosures worldwide to identify designs identical or insufficiently different from yours.
Purpose and Function of a Design Search
Under Decision 486 of the Andean Community, implemented via Legislative Decree 1075, a registrable design must be new — assessed against everything disclosed anywhere in the world before filing. A search checks this before you commit to the process.
Protecting Your Filing Strategy
Because INDECOPI's own examination doesn't involve an exhaustive global search, and third parties can still oppose during publication, a pre-filing search protects the value of the registration you'll eventually rely on.
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Contact
Reach out to Brealant, your trusted design attorney in Peru, to discuss your product.
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Search
We search INDECOPI's design register, Andean Community sources, and relevant published disclosures.
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Quote
Receive a service quote scoped to the number of design views and product category.
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Pay
Proceed with secure payment for the selected search service.
File
We compare the overall visual impression of your design against what's found, as Decision 486 requires.
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Wait
We finalise the search report and filing recommendation.
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Response
You receive your search report with a clear recommendation on whether to proceed.
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In Peru, a registrable design must be new — meaning it hasn't been disclosed tooleum the public anywhere in the world before the filing date, subject to a limited grace-period exception. A search against INDECOPI's register and other public sources is the clearest way to check this before you file.
Because INDECOPI's examination doesn't involve an exhaustive worldwide search, a design can still face opposition during publication, or a nullity action after registration, if it isn't genuinely new. Brealant's search protects the value of the registration you eventually rely on.
A search significantly reduces risk, but it has real limits worth understanding
No Absolute Guarantee
No search, however thorough, can guarantee a design won't later face opposition or be found invalid if challenged.
Own Prior Disclosure
Publishing or selling your own design before filing can itself destroy novelty, subject to a limited grace period.
Unpublished Applications
Very recently filed Peruvian or Andean applications may not yet be visible on the public register at the time of search.
Limited Examiner Search
INDECOPI's own examination doesn't involve an exhaustive global search, so a private search remains a valuable, separate step.
Foreign Rights Beyond the Andean Region
A Peru-focused search does not clear your design for registration in countries outside the Andean Community.
Brealant explains these limits clearly in every search report, so you know exactly what comfort the search gives you.
A thorough Peruvian design search reviews multiple sources to protect your filing decision. Our search covers
INDECOPI's Design Register
Registered and recently filed designs held on INDECOPI's records.
Andean Community Sources
Designs registered or disclosed elsewhere in the Andean Community, relevant under Decision 486's shared novelty standard.
Published Disclosures
Other publicly available design disclosures worldwide, including prior product releases.
Overall Visual Impression
Comparison of lines, contours, form, texture, and ornamentation against what's found.
Partnering with Brealant means every relevant source is checked before you commit to filing.
A design search typically involves
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Briefing
You provide images or drawings of the product's design features.
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Searching
We search INDECOPI's design register, Andean Community sources, and relevant published disclosures.
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Comparison
We assess overall visual impression against what's found, applying Decision 486's novelty standard.
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Reporting
You receive a search report with a clear filing recommendation.
A standard Peruvian design search and report is typically completed within 3 to 7 business days, depending on the product category.
Search costs are modest compared to the cost of pursuing a registration that's later opposed or found invalid
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Charged as a fixed professional fee, scoped to the number of design views and the product category.
A written comparison and filing recommendation, included in the search fee.
Brealant explains these limits clearly in every search report, so you know exactly what comfort the search gives you.
If the search is clear, Brealant can move straight into preparing your Peruvian design application. If it reveals risk, we'll advise on how to adjust the design or filing strategy to keep your project moving forward.
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No, but it substantially reduces the risk of pursuing a registration that's later opposed or challenged as invalid.
Under Decision 486, a design must not have been disclosed to the public anywhere in the world before the filing (or priority) date, subject to a limited grace period for the designer's own disclosures.
Yes, Brealant reviews all representations you intend to file to check the overall design.
Yes — publishing or selling your own design before filing can itself destroy novelty in most cases, so timing matters and we'll flag this.
A standard search and report is typically completed within 3 to 7 business days, depending on the product category.
Anyone can request a search regardless of residency; foreign designers and companies routinely use it to assess a design before committing to filing.
Yes, we assess overall visual impression, not just exact matches, since a design lacking individual character due to a similar prior design can still be refused.
Yes, we search broadly, including designs registered in Bolivia, Colombia, and Ecuador, since public disclosure anywhere can be relevant prior art in Peru.
We offer a fixed-fee search service; the exact cost depends on how many product categories and views need to be checked.
Ideally yes — an early search can flag conflicts while there's still room to adjust the design before tooling or production commitments are made.
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
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