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If a competitor is making, using, or selling your patented invention without authorisation in Peru, our team at Brealant helps you assess the infringement, build your evidence, and pursue the right enforcement strategy before INDECOPI.
Legal Definition of Patent Infringement
Infringement, under Decision 486, occurs when a party makes, uses, sells, or imports a product or process covered by the claims of a granted Peruvian patent without authorisation.
Time and Cost
Contested proceedings can take well over a year and involve significant cost.
Validity Can Be Challenged
An infringement claim often invites a nullity challenge to the patent itself.
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Contact
Reach out to Brealant with details of the suspected infringing activity.
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Search
We compare the alleged infringing product/process against your granted claims.
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Quote
Receive a service quote for the assessment and next steps.
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Pay
Proceed with secure payment for the selected services.
File
We help gather evidence and prepare the appropriate enforcement step — cease and desist, an INDECOPI infringement complaint, or precautionary measures.
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Wait
We coordinate the chosen enforcement step before INDECOPI's Comisión de Invenciones y Nuevas Tecnologías.
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Response
We work toward a resolution — settlement, licence, injunction, or damages.
In Peru, infringement analysis requires a claim-by-claim comparison between your granted patent and the alleged infringing product or process. Establishing this technical picture clearly is the foundation for every option that follows, from correspondence to a formal INDECOPI infringement complaint.
Patent infringement analysis is technical and requires a rigorous, claim-by-claim comparison. Brealant's careful assessment upfront avoids weak claims and puts you in the strongest position, whether you're negotiating or heading to INDECOPI.
Enforcement is a serious step, with real limits to understand
No Guaranteed Outcome
Administrative and any follow-on court outcomes are never certain, even with a strong technical case.
Time and Cost
Contested proceedings can take well over a year and involve significant cost.
Validity Can Be Challenged
An infringement claim often invites a nullity challenge to the patent itself.
Claim Scope Limits
Enforcement can only be based on what's actually covered by the granted claims, not the invention generally.
Doesn't Always Resolve Quickly
Not every matter settles early — some proceed through the full administrative or judicial process.
Brealant gives you a candid assessment of risk, cost, and likely timeline before you commit to action.
Pursuing an infringement matter protects
Your Exclusive Rights
Your legal entitlement to control who makes, uses, or sells the patented invention.
Your Market Share
Preventing a competitor from unfairly benefiting from your patented technology.
Your Licensing Value
Protecting the commercial value of any existing or future licensing arrangements.
Your Investment
The research, development, and filing costs invested in securing the patent.
Brealant helps you assess the strength of your case before recommending an enforcement path.
Timelines vary significantly by approach
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Assessment
We compare the alleged infringing product/process against your granted claims.
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Correspondence
A cease and desist approach can resolve a matter within weeks to months.
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Negotiation
Many matters resolve through negotiation or licensing before reaching formal proceedings.
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INDECOPI Complaint or Litigation (If Needed)
A contested administrative complaint before INDECOPI, potentially followed by judicial review, is far more involved and can take well over a year.
Timelines depend heavily on whether the matter resolves through correspondence, negotiation, or contested proceedings.
Costs vary significantly with the approach taken
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Typically a fixed or capped professional fee for assessment and initial correspondence.
Typically a fixed or capped professional fee for assessment and initial correspondence.
Brealant will scope your matter and provide guidance on likely costs, including alternatives to full litigation.
Brealant coordinates with litigation counsel where judicial proceedings are needed, while managing the patent-specific strategy throughout, so your case stays technically grounded from first assessment to resolution.
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Start by documenting the suspected infringing activity and speak with a patent attorney before contacting the other party — an early legal assessment shapes your options.
Remedies can include injunctions, damages, and precautionary measures, pursued through an administrative complaint before INDECOPI, with judicial review available thereafter.
No — many are resolved through cease and desist correspondence, negotiation, or licensing before reaching a formal INDECOPI complaint.
Brealant coordinates with litigation counsel for judicial proceedings while managing the patent-specific strategy throughout.
Yes, an infringement claim often invites a nullity challenge, so Brealant assesses this risk as part of the initial strategy.
It can be both — INDECOPI handles administrative infringement actions and can order remedies, while separate civil claims for damages can also be pursued before the courts.
Yes, recording your patent with Peru's customs authority can support border measures to intercept infringing shipments before they reach the market.
An administrative infringement action before INDECOPI commonly takes a year or more depending on complexity and whether validity is also challenged; we give a realistic estimate once we review the case.
Yes, INDECOPI and the courts can grant precautionary measures such as a preliminary injunction where urgency and a strong likelihood of success are shown.
Available remedies include lost profits, the infringer's unjust enrichment, and in some cases a reasonable royalty, calculated according to the evidence presented.
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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