PCT Applicant's Guide Peru EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: National Institute for the Defense of Competition and Intellectual Property Protection (Peru)

CAC Decision 486: Decision 486 of the Commission of the Andean Community

List of currencies used in this document:

PEN (Nuevo sol), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Peru

Two-letter code:

Name of Office:

National Institute for the Defense of Competition and Intellectual Property Protection (Peru)

Location:

Calle De la Prosa 104
San Borja
Lima 41
Peru

Mailing address:

Same as above

Telephone:

(511) 224 78 00 (extension 3801)

E-mail:

mcastro@indecopi.gob.pe

Website:

http://www.indecopi.gob.pe

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service is authorized by the Ministry of Transport and Communications, such as:

DHL,

Federal Express,

UPS

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents,

Utility models (a utility model may be sought instead of a patent)

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Peru

Language in which international applications may be filed:

Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3).

Spanish

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

Spanish

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 28 September 2017, pages 141 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

AT,

BR,

CL,

EP,

ES,

KR,

Competent International Preliminary Examining Authority:

AT,

BR,

ES,

CL,

The Office is competent only if the international search is or has been carried out by that Office.

The Office is competent only if the international search is or has been carried out by that Office, by the Austrian Patent Office or by the Spanish Patent and Trademark Office.

Fees payable to the RO:

Transmittal fee:

233.35 PEN

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in PEN of 1,457 USD

Fee per sheet in excess of 30:

Equivalent in PEN of 16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

Equivalent in PEN of 219 USD

Electronic filing (the request, description, claims and abstract in character coded format):

Equivalent in PEN of 329 USD

Search fee:

Refer to
Annex D(AT)
Annex D(BR)
Annex D(CL)
Annex D(EP)
Annex D(ES)
Annex D(KR)
Annex D(US)

Fee for priority document (PCT Rule 17.1(b)):

None

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

191.97 PEN

Is an agent required by the receiving Office?

No, but an address for service in Peru is required

Who can act as agent?

Any natural or legal person resident in Peru

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

At the time of filing, either in the description or separately

— any additional indications:

At the time of filing, either in the description or separately

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

Deposits may be made for the purposes of patent procedure before the National Institute for the Defense of Competition and Intellectual Property Protection (Peru) with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (these institutions are indicated further in this Annex and notifications related thereto may be consulted under https://www.wipo.int/treaties/en/registration/budapest/).

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Spanish

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

A copy is required only if the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) or 40(2).

National fees:

Patents

Filing fee

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

720 PEN

Additional fee for each claim in excess of 10

23.43 PEN

Utility models

Filing fee

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

324 PEN

Additional fee for each claim in excess of 10

39.50 PEN

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)

Statement justifying the applicant’s right to the invention

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Statement justifying the applicant’s priority right

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Translation of the international application to be furnished in two copies

Power of attorney if an agent is appointed

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

Who can act as agent?

Any natural or legal person resident in Peru

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

PE.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex PE.II). This form should preferably (but need not) be used.

PE.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).

PE.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex PE.I.

PE.04 POWER OF ATTORNEY

An agent must be appointed by filing a power of attorney. Any natural or legal person resident in Peru may act as agent.

PE.05 ANNUAL FEES

CAC Decision 486, Art. 80
Annual fees are due each year on the anniversary of the international filing date. They may also be paid for several years in advance. Payment may still be made within six months from the due date, subject to the payment of a surcharge. The amount of the annual fees is indicated in Annex PE.I.

PE.06 REQUEST FOR EXAMINATION

CAC Decision 486, Art. 44
Requests for examination must be made, together with the payment of the prescribed fees, within six months from the date of publication of the application by the office.

PE.07 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PCT Rule 52, PCT Rule 78, CAC Decision 486, Art. 34
The applicant may, at any time before the patent is granted, make amendments to his application, with the payment of the prescribed fee, provided that the amendment does not go beyond the disclosure in the initial application.

PE.08 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

PE.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 48, PCT Rule 82bis, CAC Decision 486, Art. 39
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. If the applicant fails to comply with the applicable requirements prescribed by the national law upon entry into national phase, the Office will invite the applicant to comply within a period of two months following the date of notification; this period may be extended once, upon request, for an equal length of time.

PE.10 REINSTATEMENT OF RIGHTS

PCT Rule 49.6
Reinstatement of rights may be requested where the applicant failed to observe a time limit set by the Office in spite of due care, which is prejudicial to his rights. A request for reinstatement must be presented in writing within two months from the removal of the cause of the failure to observe the time limit or twelve months from the date of expiration of the applicable time limit, whichever time limit expires earlier. Within the said time limit, the omitted action must be completed.

PE.11 UTILITY MODEL

PCT Art. 43, PCT Rule 49bis.1(a)
Subject to paragraph PE.12, if the applicant wishes to obtain a utility model instead of a patent in Peru, on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

PE.12 CONVERSION

PCT Rule 49bis.2(b), CAC Decision 486, Art. 35
The applicant may convert an application for a patent into an application for a utility model by filing a request to that effect. The converted application shall have the filing date of the initial application.

Annexes

Annex PE.I - Fees

The amount in parentheses is applicable in case of late payment within a grace period of six months from the due date (refer to paragraph PE.05).

Patents

Filing fee

720 PEN

Additional fee for each claim in excess of 10

23.43 PEN

Fee for requesting examination

549.13 PEN

Fee for requesting re-examination

488.13 PEN

Fee for amendment

46.86 PEN

Priority claim fee

per priority 134.49 PEN

Annual fees:

— for the 1^st year to grant

140 PEN

(172 PEN)

— after grant up to 10^th year

per year 274.93 PEN

per year (306.91 PEN)

— for the 11^th to 20^th years

per year 405.95 PEN

per year (435.65 PEN)

Utility models

Filing fee

324 PEN

Additional fee for each claim in excess of 10

39.50 PEN

Fee for requesting examination

279.55 PEN

Fee for requesting re-examination

235.11 PEN

Fee for amendment

39.05 PEN

Priority claim fee

per priority 111.83 PEN

How can payment of fees be effected?

The payment of the fees has to be effected in nuevos soles. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid

Payment may be effected to the Office by cheque, money order or cash

Payments by money order should be made to the following banks:

Banco de Crédito del Perú

Account number
M/N 193-116125-0-34

Scotiabank

Account number
M/N 000-0186511

Banco de la Nación

Account number
M/N 000-282545

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex PE.II - Request for registration of a patent – national phase entry

Processing

PE - Peru
National Institute for the Defense of Competition and Intellectual Property Protection (Peru)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

PE - Peru National Institute for the Defense of Competition and Intellectual Property Protection (Peru)

Error Information Warning Confirmation

PE - Peru
National Institute for the Defense of Competition and Intellectual Property Protection (Peru)