PCT NATIONAL PHASE ENTRY
Peru

Peru has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since April 11, 1995, and to the Patent Cooperation Treaty (PCT) since June 06, 2009. Additionally, Peru is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedure.

Furthermore, Peru is a member of the Andean Community of Intellectual Property (CAN), participates in the regional IP information platform LATIPAT.

Additionally, Peru is a member of several international agreements and organizations focused on intellectual property, such as the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO). It is also worth highlighting that Indecopi is actively involved in the implementation of the National Intellectual Property Policy, with technical support provided by the World Intellectual Property Organization (WIPO).

The deadline for entering the PCT national phase in Peru is 30 months from the priority date.

In Peru, Applications must be filed in Spanish with the Peruvian Patent Office.

There is no general provision for extending the deadline for the late filing of a patent application in Peru.

Power of Attorney: A copy of a simply signed Power of Attorney must be submitted within two months of entering the PCT national phase, with a possible extension of two months. Legalization or notarization is not necessary.

There are no cost exemptions available for patent applications in Peru.

In Peru, the applicant must submit a request for substantive examination within six months of the application’s publication.

The renewal fee must be paid annually in advance, with the due date for each fee being the last day of the month in which the application was filed. Multiple renewal fees may be paid in advance. Late payment is allowed within a six-month grace period, subject to the payment of an additional surcharge.

In Peru, the patent term is 20 years, calculated from the filing date of the application. A Patent Term Extension may be granted in cases of unreasonable delay in the granting process or to compensate for delays in obtaining marketing approval for pharmaceutical products.

In the 2024 Global Innovation Index (GII), Peru stands at an impressive 75th place out of 133 economies, with a solid score of 26.7. Notably, it ranks 20th among upper-middle-income economies, showcasing its remarkable innovation capacity. Within the upper-middle-income group of 34 economies, Peru secures the 20th spot, reinforcing its strong position. In the Latin American and Caribbean region, Peru shines at 7th place out of 20 economies, solidifying its leadership in the region.

Peru’s innovation strengths are particularly evident in areas such as Loans from microfinance institutions (% of GDP), where it ranks 4th, Applied tariff rate (weighted avg., %), ranking 6th, and Firms offering formal training (%), securing 7th place. These achievements highlight Peru's exceptional commitment to fostering innovation across multiple sectors.

The country excels in several key innovation pillars, including Human Capital and Research (ranked 49th), Market Sophistication (51st), Infrastructure (62nd), and Creative Outputs (74th). These rankings underscore Peru's growing prominence as a powerhouse of innovation, with its rapidly advancing capabilities in critical areas of global competitiveness.

Peru features a rich variety of landscapes, from the towering Andes Mountains and the lush Amazon Rainforest to the scenic Pacific coastline. Its culture reflects a unique fusion of indigenous roots and Hispanic influences, showcased in its languages, music, and artistic traditions. The country is also known for its diverse wildlife, such as the Andean condor, alpacas, and numerous species native to the Amazon. Economically, Peru is well-rounded, with key sectors including agriculture, mining, and tourism.