WIPO - PCT Applicant's Guide PE - 秘鲁
国家维护竞争和知识产权保护局（秘鲁）

    适用起自 2026年1月1日
    (发布 2025年11月13日)

    此版本最新变更汇总
    RO: RO fees
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    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
    [MT] 本文档中使用的货币列表 :
    PEN (新索尔), USD (美元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    秘鲁
    [MT] 两个字母代码 :
    PE
    [MT] 办公室名称:
    国家维护竞争和知识产权保护局（秘鲁）
    [MT] 地点：
    Calle De la Prosa 104
    San Borja
    Lima 41
    Peru
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话：
    (511) 224 78 00 (extension 3801)
    [MT] 电子邮件：
    mcastro@indecopi.gob.pe
    [MT] 网站地图
    [MT] 传真：
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    不
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    不
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    Yes, provided that the delivery service is authorized by the Ministry of Transport and Communications, such as:
    DHL,
    Federal Express,
    UPS
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    IB,
    PE
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    PE
    [MT] 通过PCT 提供的保护类型:
    Patents,
    Utility models (a utility model may be sought instead of a patent)
    [MT] 办公室接受的付款方式:
    Refer to the Office
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    None
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.

    Annex C - Receiving Office

    [MT] 主管接收办公室为国民和居民:
    秘鲁
    [MT] 国际申请可用语言提交:
    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
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
    Same as above
    [MT] 请求书可用语言提交:
    Spanish
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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 the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?
    Yes, any format
    Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
    Yes
    Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
    Yes
    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,
    US
    Competent International Preliminary Examining Authority:
    AT,
    BR,
    ES,
    KR

    CL,
    US

    The Office is competent only if the international search is or has been carried out by that Office.
    EP
    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 1,667 USD
    Fee per sheet in excess of 30:
    Equivalent in PEN of 19 USD
    Reductions (under Schedule of Fees, item 4):
    Electronic filing (the request in character coded format):
    Equivalent in PEN of 251 USD
    Electronic filing (the request, description, claims and abstract in character coded format):
    Equivalent in PEN of 376 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
    Does the Office permit reinstatement of rights (PCT Rule 49.6)?
    Yes, the Office permits reinstatement of rights under the “due care" criterion.
    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).
    Does the Office accept color drawings under its national law?
    Refer to the Office
    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.
    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.
    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.
    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.
    Translation of the international application to be furnished in two copies
    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.
    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 the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
    Yes, under the "due care" criterion
    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 NP 6.002 and NP 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 Article 28,
    PCT Article 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 Article 25,
    PCT Rule 51

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase.
    PE.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS
    PCT Article 48,
    PCT Rule 82bis,
    CAC Decision 486,
    Art. 39

    Reference is made to paragraphs NP 6.022 to NP 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 Article 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 1st year to grant
    140 PEN
    (172 PEN)
    — after grant up to 10th year
    per year 274.93 PEN
    per year (306.91 PEN)
    — for the 11th to 20th 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
    Current version applicable from 2026年1月1日 , printed on 2026年2月14日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00