PERU

Peru has a GDP of $202,3 BILLION USD. It has a population of 31 million. The capital is Lima. The official language is Spanish. It is the seventh largest economy in Latin America.

Patentable
inventions

A patent protects a product or process which meets the requirements of novelty, inventive step and industrial application. The protection lasts for 20 years from the date of filing of the application.

For better understanding of the patentability requirements, the definition of what is the „State of the Art“ is required, and we offer you a search of the relevant documents.

What kind of inventions
are not patentable?
  • Discoveries, scientific theories and mathematical methods;
  • all or part of living beings as found in nature, natural biological processes, biological material existing in nature or which may be isolated, including the genome or germplasm of any living thing;
  • literary and artistic works or any other characteristic protected by copyright;
  • plans, rules and methods for performing mental acts, playing games or doing business activities;
  • computer programs or software, as such, and ways of presenting information.

Expressly excluded from patentability:

  • Inventions whose commercial exploitation within the territory of the respective member country must be prevented to protect public order or morality. To this end the commercial exploitation of an invention shall not be considered contrary to public policy or morality solely because of the existence of a legal or administrative provision that prohibits or regulates such exploitation;
  • inventions whose commercial exploitation in the respective member country must be prevented to protect the health or life of people or animals, or to preserve plants or the environment. To this end the commercial exploitation of an invention shall not be considered contrary to the health or life of humans, animals or the preservation of plants or the environment solely because of a legal or administrative provision prohibiting or regulates such exploitation;
  • plants, animals and essentially biological processes for the production of plants or animals other than nonbiological and microbiological processes;
  • therapeutic or surgical methods for human or animal treatment and diagnostic methods applied to humans or animals.
  • Finally, uses and second uses of products or processes are not likely to be protected in accordance with Article 14 of Decision 486 and its interpretation by the Court of Justice of the Andean Community in the Process 89AI-2000, published in the Gazette Official No. 722 of October 12, 2001. These exceptions and prohibitions apply to both patents as utility model patents.
What does it cost to
patent an invention?

The costs for filing and prosecuting patent applications in Peru are low and similar in price to Argentina. A translation into Spanish has to be provided. We are also able to provide you with this service.

Term of protection for patents
20 years from filing date.

Term of protection for utility models
10 years from filing date.