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.
How to file a patent in Guatemala?
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: 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 are complete and adequate.If any of the formal requirements are not complete, the Patent Office will issue a notification inviting the applicant to complete the missing information or documents within a three month term. Said term is non-extendable.
- Publication: After the preliminary examination is approved, the application is published in the Guatemalan Gazette. 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.Patent examiners conduct a search in national and international databases to determine if the application meets the requirements of patentability. In case the Guatemalan Patent Office issues an official action on patentability matters, the applicant will have a three month term to file a response.
- Grant: Once the application passes the substantive 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 the patent in Guatemala 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 Fee should be paid on or before the 2nd Anniversary of the international PCT filing date (or national filing date if it is a Paris convention application). That is to say, it should be paid before starting the 3rd year.
Subsequent renewal fees should be paid annually 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 Argentina.
