no
12 months
no
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
If the inventor or his client, the national office, or the information obtained directly or indirectly from the inventor leads to third-party disclosure, a novelty grace period of 12 months before the filing date/priority date can be enjoyed.
INDECOPI conducts formal and substantive examinations of invention patent applications. The form review takes about 60 days. After submitting a patent application, INDECOPI will first check the application in detail for compliance with defense and atomic energy requirements. The applicant shall reply within 30 working days to the notice of form correction issued by the examiner. Failure to respond or an unsuccessful response to the patent application will be deemed abandoned. The response period may be extended to 60 working days. Within 18 months from the date of application after passing the formality examination, INDECOPI will publish the patent application in the Peruvian Official Gazette, and any third party can raise objections within 60 days from the date of publication of the application. If an objection is raised, INDECOPI will start the objection procedure. The applicant must respond to the objection within 60 days. Within 6 months from the publication date, the applicant must file a request for substantive examination and pay relevant fees to enter the final substantive examination.
1-3 years
no
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
INDECOPI conducts formal and substantive examinations of design patent applications. If the design patent application meets the formality examination conditions within 15 working days, INDECOPI will publish it. Anyone can raise an objection within 30 days after publication. If there is no objection, INDECOPI will conduct a novelty examination and grant the patent right if the conditions are met, otherwise it will be rejected.
no