Utility Models

– 1993 Political Constitution; Civil Code (Articles 884 and 886.6); Penal Code (Articles 223 and 224).
– Decision 486 of the Andean Community (Cartagena Agreement), in force since December 1, 2000.
– Legislative Decree No. 1075 Approving the Supplementary Provisions of Decision No. 486 of the Andean Community, published in in the official gazette El Peruano on June 28, 2008.
– Legislative Decree No. 1397 on Amendments to Legislative Decree No. 1075, published in the official gazette El Peruano on September 7, 2018.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since September 4, 1980.
– WTO’s TRIPS Agreement (ADPIC), since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 11, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 30, 2010.

Filing, Protection

Applicant: the inventor or his/her assignee (whether an individual, firm, company or corporation).

Foreign applicant: must appoint a representative residing in the country.

Protection: to an adequate extent, provisions relative to invention patents, are applicable to utility models.

Novelty: a utility model is granted to any new form, configuration or arrangement of elements of an artifact, tool, instrument, mechanism or other object, or part of the same which permit a better or different operating use, use or manufacture of the object which incorporates it, or which provides some new advantage or technical effect.

Exceptions to protection: those excluded of protection by an invention patent. Furthermore, works of plastic art, architectural, painting, engraving and printing works or other objects of a purely aesthetic nature, cannot be deemed as utility models.

Duration: ten years, valid from the filing date of the application.

Opposition to a filed application: can be filed within sixty working days from the publication in the Official Gazette.

Filing requirements for an application (to be sent to resident agent):
1. Identification data, address and/or power of attorney;
2. Name, address and nationality of the inventor(s) and title or denomination of the utility model;
3. Description of the utility model in Spanish;
4. One or more claims in Spanish;
5. Summary with the object and purpose of the utility model in Spanish;
6. If necessary: figures or technical drawings, exhibition certificate, copy of Inventors' Assignment with the signatures duly legalized.

Electronic filing: enabled since April 2020 for users to send documents through the virtual reception desk on the website of INDECOPI. 

Electronic signatures: are accepted for writs by the virtual reception desk.