PATENTS

GUATEMALA

GDP: $78,46 BILLION
IMPORTS: $21,97 BILLION
POPULATION: 17,247,807
TOTAL AREA: 108,889 KM2
CURRENCY: GUATEMALAQUETZAL (Q) (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 within 90 days from office action.

• Assignment document from the inventors duly notarized and legalized within 90 days from office action.

• Certified copy of priority application within 15 months from priority (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available)....

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:

UM 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/

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