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Barreda Moller writes...

Annuity Fees in Peru

For years now the policy regarding the payment of annuity fees has been that annuities must be paid starting on the third anniversary counted from the filing date and every subsequent year until expiration of the patent. A six months grace period was granted to comply with this requirement. Failure to comply with this requirement would cause the patent to be declared as lapsed without being able to reinstate the same.  

On 19 August 2010, the Government approved the new Uniform Administrative Procedural Rules (TUPA) in which, besides all official fees being modified, the way annuities must be paid has changed. As of September 2010, all applications must start paying annuity fees starting on the first anniversary from the filing date and every subsequent year until expiration of the patent. The fees will also vary depending on the year for which the annuity is being paid and the Patent Office has established 3 different fees: one fee for all pending applications until granting of the patent, one second fee for granted patents until the tenth year from the filing date and a third fee for granted patents from the eleventh year until expiration of the patent. Non compliance with the payment of the corresponding annuity will render the application or patent lapsed before the Patent Office.

What is most important about this change is that it affects the current pending applications as well, meaning the applications filed starting September 2008 must immediately pay two annuities and those filed in 2009 must pay one annuity immediately. For these applications the Patent Office will accept the payment even if realized after the corresponding term without affecting the validity of the application.

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