PATENTS

EL SALVADOR

GDP: $25.16 BILLION
IMPORTS: $10.03 BILLION
POPULATION: 6,108 MILLION
TOTAL AREA: 21,040 Km2
CURRENCY: UNITED STATES DOLLAR (USD)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 30 months.

Patent Law in Force:

IP Law of March 23, 2006.

Types of protection available:

Patent of Invention; Utility Model.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• Power of Attorney duly notarized and legalized within 60 days from filing.
• Assignment document from the inventors duly notarized and legalized (which may be substituted by a sworn declaration by the representative) within 60 days from office action. Not required under certain
circumstances.
• Certified copy of priority application within 180 days from filing (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

Accepted. Late submission of the Spanish translation is possible within 6 months.

Substantive examination must be requested by the applicant:

YES, within 6 months from publication.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60 days from publication.

Opposition:

YES, within 60 days from publication.

Average time from filing to grant:

4 years.

Term of protection for patents:

20 years from filing date.

Term of protection for utility models:

10 years from filing date.

Differences between utility model and patent:

• suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;
• Lower threshold for inventive step.

Maintenance:

yearly also during prosecution of the application.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.cnr.gob.sv/

© 2015 Balder IP Law S.L. Todos los derechos reservados.