Design Law in Peru

Process of design registration:

The application on industrial design claiming priority must be filed within the non-renewable term of 6 months from the priority date.

Formal examination of a design application in Peru is performed within 15 days following the filing date. The Patent Office Authorities shall not conduct an examination ex officio of the novelty of the subject matter if no opposition is filed based upon the existence of a prior right or the novelty of the industrial design. However, if the lack of novelty of an industrial design is obvious, the Authorities shall reject the application ex officio.

Required Documents:

For obtainment of the filing date the industrial design application shall contain the following:

  • Request for industrial design registration.
  • Information about the applicant and the author.
  • Representation of the industrial design.
  • Proof of payment of the prescribed fee.

Time Frame:

The term for industrial design protection in Peru is 10 years from the date of the initial filing. However, to protect intellectual property rights to the maximum, you can completely extend the protection period 2 more times, each time 5 years. Thus, the maximum total protection period that you can achieve is 20 years.

Multiple Designs:

According to Peruvian legislation, it is not possible to file several designs in a single design application.

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