To file a patent in Guatemala it must be processed before the Intellectual Property Registry of Guatemala (RPI), as they are the authority responsible for managing intellectual property registration applications in Guatemala.
Contact us to initiate the process of filing a patent in Guatemala. Click Here.
What is a patent in Guatemala?
A patent in Guatemala is an exclusive title and right granted by the RPI 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 Guatemala is Spanish, therefore filing in a foreign language is not possible.
Also, you may need to file a trademark in Guatemala.
What are the required documents needed to file a patent in Guatemala?
- 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 with the patent application in Guatemala.
- Assignment Documents from the inventors
- Certified copy of the Priority Application. Not necessary for PCT cases.
How is the Patent process in Guatemala?
- Application Submission: To start the process, applicants must submit the completed form and all required documents.Formal Examination: The Patent Office checks if the application meets all formal requirements. If something is missing, it issues a non-extendable three-month deadline to correct it.
Publication: Once approved, the application is published in the Guatemalan Gazette. Third parties have 90 days from publication to file oppositions or observations.
Substantive Examination: After publication, the applicant must pay the examination fee. Examiners then assess patentability using national and international databases. If objections arise, the applicant has three months to respond.
Grant: If the application passes examination, the patent is granted in Guatemala.
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 Guatemala is 6 years.
Grant, validity term and maintenance fees
Once Guatemala grants the patent, it remains valid for 20 years. Maintenance fees are paid annually, starting from the international filing date. The first annuity is due before the 2nd anniversary of the PCT or national filing date—in other words, before the 3rd year begins. After that, renewal fees must be paid every year in advance, before each anniversary of the filing date.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Guatemala 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 Guatemala.
