Essential Guide to Patents in

Peru

Protecting Your Innovation with Brealant's Expertise

A Hassle-Free Application Journey with Brealant

  • Contact

    Discuss your invention and filing strategy with a Brealant patent attorney.

  • Search

    We conduct a prior art search to assess patentability.

  • Quote

    Receive a service quote tailored to your filing requirements.

  • Pay

    Proceed with secure payment for the selected services.

  • File

    We prepare the specification and lodge your application with INDECOPI.

  • Wait

    Request substantive examination and await INDECOPI's response; timing varies by case.

  • Response

    Once accepted, INDECOPI grants the patent and issues the certificate.

Clear, Simple Steps to Patentability

To be patentable in Peru, an invention must be novel (not previously disclosed anywhere), involve an inventive step (not obvious to a person skilled in the art), and have industrial applicability — generally excluding discoveries, scientific theories, mere business methods, and methods of surgical or therapeutic treatment of humans.

Safeguarding Your Innovation

in

Peru

—

With Brealant by Your Side

A granted Peruvian patent gives you the exclusive right to make, use, and sell your invention nationally for up to 20 years, letting you commercialise, license, or enforce against competitors who copy the technology.

Limitations

What Cannot Be Patented in

Certain subject matter cannot be patented under Decision 486, including

Discoveries & Scientific Theories

Pure discoveries and abstract scientific or mathematical theories.

Methods of Surgical or Therapeutic Treatment

Methods for the surgical or therapeutic treatment of the human or animal body are generally excluded, though related products may be patentable.

Mere Business Methods

Purely abstract business methods, plans, or schemes without a technical contribution.

Non-Novel Inventions

Anything already publicly disclosed anywhere in the world before the filing or priority date.

Obvious Variations

Inventions that don't involve an inventive step over existing technology.

INDECOPI examines every application to ensure it meets these patentability requirements before grant.

What a Patent Protects

A granted Peruvian patent protects

The Invention Itself

The specific product, process, or method described and claimed in the specification.

Exclusive Commercial Rights

Your exclusive right to make, use, sell, or import the invention in Peru.

Licensing Opportunities

The ability to license the invention to others for royalties or other commercial terms.

Enforcement Standing

Your standing to take infringement action against unauthorised use of the invention.

By partnering with patent experts in Peru, you can ensure your innovation is properly protected from filing through to grant.

Timeline for Patent Application in

Peru

The application process typically involves

  • Filing

    The application is lodged with INDECOPI, establishing the filing (or priority) date.

  • Publication

    The application is published, generally around 18 months from filing, opening a window for third-party observations.

  • Examination

    Substantive examination, requested within 6 months of publication, leads to a first report, typically raising or resolving objections.

  • Grant

    Once objections are resolved, INDECOPI grants the patent and issues the certificate.

Timelines vary with the technology and number of objections, but many Peruvian applications proceed from filing to grant over roughly 3 to 5 years.

Understanding

Patent Application Costs

in

Peru

—

Simplified with Brealant

The cost of a patent application depends on the complexity of the invention

Official Filing Fees

INDECOPI charges official fees, in Peruvian soles (S/), at filing, on requesting examination, and, once granted, for annual maintenance fees.

Professional fees

INDECOPI charges official fees, in Peruvian soles (S/), at filing, on requesting examination, and, once granted, for annual maintenance fees.

These costs represent a valuable investment in securing exclusive rights to your invention.

Continued Patent Protection in

in

Peru

—

Supported by Brealant

Once granted, a patent requires ongoing annual maintenance fees and can be actively monitored for infringement. Brealant supports clients through renewal tracking, licensing, and enforcement, so the value of the granted patent is protected over its full 20-year term.

Frequently Asked Questions

Can I file a patent application directly in Peru, or only via PCT?

Both routes are available — you can file directly with INDECOPI, or enter the Peruvian national phase from an international PCT application.

How long does a Peruvian patent last?

Up to 20 years from the filing date, subject to paying annual maintenance fees throughout its life.

How long does the approval process take?

Timelines vary with the technology and number of objections, but many applications proceed from filing to grant over roughly 3 to 5 years.

When is my application published?

Peruvian applications are generally published around 18 months after filing under Decision 486, opening a window for third-party observations.

What documents do I need to apply?

A technical description of the invention, any drawings or diagrams, details of the inventors and applicant entity, and details of any earlier priority filing, if claimed.

Who can apply for a patent in Peru?

The inventor 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 Peru a first-to-file or first-to-invent system?

First-to-file — under Decisión 486, rights generally belong to whoever files first, regardless of who invented first, so timely filing matters.

Can I request examination to be deferred after filing?

Yes, substantive examination in Peru is requested separately from filing and can be deferred within the statutory period, which lets you manage costs and strategy.

What happens if my Peruvian patent application is refused?

You can appeal INDECOPI's decision to its Intellectual Property Tribunal, and if unsuccessful there, seek judicial review before the courts.

Can I convert a utility model application into a patent application, or vice versa?

Peruvian law allows conversion between these application types within certain limits and timeframes; we assess whether it suits your invention and strategy.

Start Your Patent 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