Language
If you've filed an international application under the Patent Cooperation Treaty, entering the Peruvian national phase is how you actually secure patent protection here. Our team at Brealant manages the national phase entry so your international filing date and priority are preserved.
Legal Definition of National Phase Entry
National phase entry is the process of converting an international PCT application into a national application before INDECOPI, under Decision 486 and Legislative Decree 1075.
Doesn't Guarantee Grant
Entering the national phase starts Peruvian examination; it doesn't guarantee the patent will be granted.
Claims May Need Adaptation
Claims accepted internationally can still require adaptation to meet Peruvian and Andean examination practice.
.svg)
Contact
Reach out to Brealant with your PCT application details well ahead of the deadline.
.svg)
Search
We review your PCT application and any International Search/Preliminary Examination reports.
.svg)
Quote
Receive a service quote for the national phase entry and prosecution.
.svg)
Pay
Proceed with secure payment for the selected services.
File
We prepare a certified Spanish translation, adapt claims if needed, and file the national phase entry with INDECOPI.
.svg)
Wait
We request examination and await INDECOPI's response.
.svg)
Response
Once accepted, INDECOPI proceeds to grant of the Peruvian patent.
Peru's national phase entry deadline is generally 30 months from the earliest priority date claimed in the PCT application, with a further extension to 31 months available in some circumstances subject to a surcharge. Understanding this deadline, and what's required to meet it, is the clearest way to preserve your Peruvian patent rights.
The national phase window is firm, with only very limited restoration options if missed. Brealant tracks PCT priority dates for clients well ahead of the deadline, so Peruvian rights are never lost through an administrative oversight.
National phase entry is essential, but it has boundaries
Firm Deadline
The 30-month (or extended 31-month) deadline is generally firm, with only very limited restoration options if missed.
Doesn't Guarantee Grant
Entering the national phase starts Peruvian examination; it doesn't guarantee the patent will be granted.
Claims May Need Adaptation
Claims accepted internationally can still require adaptation to meet Peruvian and Andean examination practice.
Certified Translation Required
A certified Spanish translation of the application is required, and errors here can create complications later.
Separate Renewal Obligations
Once granted, the Peruvian patent has its own annual maintenance fee schedule, independent of other jurisdictions.
Brealant reviews your PCT application early enough to address these issues well before the deadline.
Timely national phase entry protects
Your Priority Date
The earliest priority date claimed in your PCT application, preserved for the Peruvian filing.
Your Filing Strategy
The option to pursue Peruvian protection without having to file a separate application from scratch.
International Search Findings
The benefit of any favourable International Search or Preliminary Examination results.
Your Andean & Global Portfolio
Consistency between your Peruvian rights and corresponding filings in other Andean Community and international jurisdictions.
Brealant makes sure the transition from international to Peruvian filing is seamless.
National phase entry follows these stages
.svg)
PCT Filing
The international application is filed, establishing the priority date.
.svg)
National Phase Deadline
Peru's national phase entry deadline is generally 30 months from the earliest priority date, with a possible extension to 31 months.
.svg)
Entry & Examination
The national phase application, with certified translation, is filed and examination is requested.
.svg)
Grant
Once accepted, INDECOPI proceeds to grant of the Peruvian patent.
Missing the national phase deadline generally means losing the ability to obtain patent protection in Peru via that application.
Costs cover both the entry itself and subsequent prosecution
.svg)
INDECOPI charges an official national phase entry fee, in Peruvian soles (S/), plus subsequent examination fees.
INDECOPI charges an official national phase entry fee, in Peruvian soles (S/), plus subsequent examination fees.
We quote this once we've reviewed your PCT documents, so costs are clear before you commit.
Once national phase entry is filed, Brealant manages the Peruvian application through examination and any office actions, keeping it aligned with your broader international patent strategy.
.png)
.png)
.svg)
.svg)
Generally 30 months from the earliest priority date of your PCT application, with an extension to 31 months available in some circumstances for a surcharge.
Non-residents generally need a registered Peruvian representative to prosecute the application, which Brealant provides.
Sometimes — claims that were acceptable internationally can require adaptation to meet Peruvian and Andean examination practice, which we assess on entry.
The application proceeds through Peruvian publication and examination like any other patent application, and Brealant manages any office actions that follow.
A limited extension to 31 months is available in some circumstances for a surcharge, but restoration beyond that is very limited, so it's important to instruct Brealant well before the deadline.
Yes, a power of attorney appointing your Peruvian representative is required, though it can usually be filed shortly after national phase entry rather than at the exact moment of entry.
Yes, you can adjust claims at national phase entry or shortly after, which is useful for aligning with Peruvian practice or responding to the international search opinion.
Yes, a Spanish translation of the specification, claims, and abstract is required for national phase entry, since INDECOPI examines applications in Spanish.
We review the international search report and written opinion before entry and advise on amendments likely to smooth Peruvian examination.
Yes, we regularly coordinate simultaneous or staggered national phase filings across Peru, Colombia, Ecuador, and Bolivia for the same PCT application.
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
.svg)
.svg){kind=icon}
Get expert guidance on your trademark, patent, copyright or design filing. Book a free 15-minute call with an IP specialist — no obligation.
Book My Free Call.avif)
.svg)
.svg)
.svg)
.png){kind=icon}
.png){kind=icon}
%20(1).jpg)
