To file a patent in El Salvador it must be processed before the Intellectual Property Office of El Salvador (CNR), as they are the authority responsible for managing intellectual property registration applications in El Salvador.
Contact us to initiate the process of filing a patent in El Salvador. Click Here.
What is a patent in El Salvadorr?
A patent in El Salvador is an exclusive title and right granted by the CNR to all inventions. This patent gives the right to prevent anyone from copying, using, distributing or selling the invention without permission. The duration of an invention patent is 20 years.
How to file a patent in El Salvador?
The official language for patent filing in El Salvador is Spanish, but filing in a foreign language is possible as long as the Spanish Translation is submitted within the first 6 months from filing.
Also, you may need to file a trademark in El Salvador.
What is the required information needed to file a Patent in El Salvador?
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- A patent description: Specification, claims, and abstract. Drawings, if applicable.
- Power of Attorney, duly signed by applicant.
- Spanish Translations: Spanish translations must be filed at least 6 months from the patent application in El Salvador.
- Assignment Documents from the inventors
How is the Patent process in El Salvador?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation of the patent application.
- Formal Examination: From an administrative process it is verified that the information on the forms is complete and adequate.If any required document is missing, the Registry will issue a formal notification to submit the pending documentation within a given term according to the pending requirement. As such, the applicant will have 10 days if they are requiring the assignment document, 6 months if they are requiring the priority document, 2 months for the Power of Attorney and 6 months for the translation of any of them.
- Publication: After the preliminary examination is approved, the application is published in the El Salvadoran Gazette previous to payments of the corresponding official fees. Oppositions and observations are available for third parties within the first 90 days from the publication date.
- Substantive Examination: Once the patent application is published in the Official Gazette, the Patent Office issues a notification requesting payment of the examination fees. If the Patent office determines that the application does not meet the requirements of patentability, they will issue an official action and the applicant will have approximately a period of three months to present the arguments or the necessary amendments to comply with said requirements.
- Grant: Once the application passes the substantive examination, the patent is granted in El Salvador
Patent term:
20 years from the date of filing of the application.
Average time from filing to grant:
The average time from filing to granting a patent in El Salvador is 6-7 years.
Grant, validity term and maintenance fees
Once the patent in El Salvador is granted, it will be valid for a period of 20 years. Maintenance Fees are paid annually and they are calculated from the international filing date. The first Annuity should be paid on or before the 2nd Anniversary from the PCT filing date
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in El Salvador through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of Argentina.
