Tips on filing national phase PCT applications
Consequently, second uses are not patentable, as clearly stated in article 21 of Decision No. 486: “Goods or processes already patented and included in the state of the art may not be the subject of new patents on the sole ground of having been put to a use different from that originally contemplated in the initial patent.”
Other items that are not patentable in Peru are established in articles 15 and 20 of Decision No. 486. Among them are discoveries; scientific theories; mathematical methods; any living thing, either complete or partial, as found in nature; natural biological processes; biological material existing in nature or that can be isolated; genome or germplasm of any living thing; literary and artistic works or any other aesthetic creation protected solely by copyright; plans, rules and methods for the pursuit of intellectual activities; games; economic and business activities; software; methods for presenting information; diagnostic, therapeutic and surgical methods for the treatment of humans or animals; inventions that may affect public order or morality; inventions that may affect the environment; etc.
