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.
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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.
Documents needed
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
Applicants begin the process by submitting the completed patent application form along with all required documentation.
Formal Examination
The Patent Office reviews the submitted documents to ensure they are complete and accurate. If any document is missing, the Registry issues a formal notification specifying the required correction. The applicant must then respond within a set time frame: 10 days for the assignment document, 6 months for the priority document, 2 months for the Power of Attorney, and 6 months for any required translations.
Publication
After the application passes the formal examination and the applicant pays the official fees, the Patent Office publishes the application in the El Salvadoran Gazette. Third parties may file oppositions or observations within 90 days of the publication date.
Substantive Examination
Following publication, the Patent Office notifies the applicant to pay the examination fees. Once paid, the examiners evaluate the application for patentability. If the application fails to meet the requirements, the Office issues an official action. The applicant then has approximately three months to respond with arguments or make the necessary amendments to comply.
Grant
Once the application satisfies all substantive requirements, the Patent Office grants the patent 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.
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Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of El Salvador.
