PATENTS

GUATEMALA

GDP: $58.83 BILLION
IMPORTS: $16.7 BILLION
POPULATION: 16,02 MILLION
TOTAL AREA: 108,889 Km2
CURRENCY: QUETZAL (GTQ)
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 57/2000

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 by the Apostille within 90 days from office action.
• Assignment document from the inventors duly notarized and legalized within 90 days from office action. Not required under certain circumstances.
• Certified copy of priority application within 15 months from priority (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

NOT available.

Substantive examination must be requested by the applicant:

YES, within 1 month from notification.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 90 days from publication.

Opposition:

YES, within 90 days from publication.

Average time from filing to grant:

5 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:

https://www.rpi.gob.gt/

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