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Examination is where INDECOPI tests your application against the requirements for grant, and any resulting office action is a normal part of prosecution. Our team at Brealant requests examination at the right time and prepares the arguments and amendments needed to get your application accepted.
Legal Definition of Patent Examination
Examination is INDECOPI's substantive review of a patent application against novelty, inventive step, and industrial applicability under Decision 486.
No Guaranteed Outcome
Examination doesn't guarantee grant — objections may be raised that require a response.
Fundamental Novelty Issues
A response can't overcome prior art that genuinely anticipates the invention as claimed.
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Contact
Discuss the right timing for requesting examination, or your recently received office action, with a Brealant patent attorney.
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Search
We review your application, any earlier search results, and the examiner's cited prior art and objections in detail.
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Quote
Receive a service quote for managing the examination request and any resulting office actions.
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Pay
Proceed with secure payment for the selected services, including the official examination fee.
File
We file the request for examination, or prepare written submissions and claim amendments and lodge the response before the deadline.
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Wait
We monitor for the examiner's report or any further office actions from INDECOPI.
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Response
You receive the examiner's decision, or a further office action requiring another round of response.
In Peru, substantive examination must be requested within 6 months of publication, together with payment of the official examination fee, or the application may be deemed abandoned. Once examination begins, applicants generally have a defined response period for each office action issued — understanding this window is key to managing the process without losing the application.
Brealant manages the examination request and any resulting office actions proactively, so deadlines are never missed and your application keeps moving toward grant as efficiently as possible, without conceding more claim scope than necessary.
Examination is a required step, but it has real limits
Must Be Requested in Time
If examination isn't requested within 6 months of publication, together with the fee, the application risks being deemed abandoned.
No Guaranteed Outcome
Examination doesn't guarantee grant — objections may be raised that require a response.
Fundamental Novelty Issues
A response can't overcome prior art that genuinely anticipates the invention as claimed.
Multiple Actions Possible
Some applications require more than one round of office actions before acceptance.
Doesn't Cover Post-Grant Validity
Grant doesn't guarantee the patent can't later be challenged through a nullity action.
Brealant helps you understand exactly where your application stands at each stage of examination.
A well-managed examination process protects
Your Path to Grant
Keeping the application on track toward acceptance and eventual grant.
Your Filing Date
Preserving the priority and filing date established when the application was first lodged.
Your Claim Scope
Managing objections in a way that avoids unnecessary narrowing of your claims.
Your Commercial Timing
Timing examination requests and responses to align with your business needs, such as licensing or investment deadlines.
Brealant manages this process closely so nothing falls through the cracks.
Examination generally follows these stages
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Request
Examination is requested by the applicant within 6 months of publication, with the official fee paid at the same time.
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First Office Action
INDECOPI typically issues a first office action within several months to around a year of the request, if objections are identified.
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Response Period
Applicants generally have a set response period, commonly around 60 business days, to respond to each office action.
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Acceptance
Once objections are resolved, INDECOPI accepts the application and proceeds to grant.
Requesting examination promptly after publication, and responding fully within each response period, helps keep the application moving without unnecessary delay.
Costs involve both government and professional fees
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INDECOPI charges an official fee, in Peruvian soles (S/), to request examination; there is generally no separate government fee to respond to an office action.
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INDECOPI charges an official fee, in Peruvian soles (S/), to request examination; there is generally no separate government fee to respond to an office action.
Ask us for a quote before requesting examination, or as soon as you receive an office action, so costs are clear from the outset.
Brealant tracks every deadline through the examination process, from the initial request through to acceptance and grant, so your application keeps moving without administrative slip-ups.
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No, examination must be formally requested by the applicant within 6 months of publication, together with the official fee, or the application risks being deemed abandoned.
It varies — some applications are accepted after the first office action, while others require one or more further actions to resolve objections.
Applicants generally have a set period, commonly around 60 business days, to respond to each office action issued by INDECOPI.
Yes, amending claims to distinguish over cited prior art or address clarity issues is a common and often effective response.
INDECOPI grants and publishes the patent, after which annual maintenance fees keep it in force for up to 20 years from filing.
INDECOPI charges an official examination fee, which we confirm and include in your quote before the request is filed.
INDECOPI may commission an external technical opinion on complex inventions as part of examination, though the office action itself is still issued by INDECOPI.
Peruvian practice doesn't fix a strict cap, but INDECOPI can issue a final rejection if objections aren't overcome after a reasonable number of exchanges.
Yes, we regularly take over prosecution mid-process, reviewing the examination history before responding to any outstanding office action.
You can appeal to INDECOPI's Intellectual Property Tribunal, and from there pursue judicial review if the rejection is upheld.
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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