Patents: Guatemala

General Information

International Agreements : Berne Convention , Nairobi Treaty, Paris Convention , Phonograms Convention, Rome Convention, Washington Treaty WIPO Copyright Treaty (WCT), WIPO CONVENTION , WIPO Performances and Phonograms Treaty WPPT.

Patent Types :

  1. Patent of Invention
  2. Utility Model
  3. Industrial Design

Novelty Requirements : It will be considered that a Patent of Invention has novelty it is not in the Technical Condition, it means that it has not been accessible to the public or revealing in any country before the filing date or before the date of the priority claim.

Claiming priority : Yes – within one year.

Examination : The examination may be made by the Registry directly, with the assistance of independent technicians, or with the cooperation of national or foreign public or private entities.

Protection Period : 20 Years from filing date.

Publication : The publication must be made once in the Official Journal of Guatemala within the six months as the day in which the edict was given.

Opposition : All persons may comment on the registration of the industrial Design within the three months of the publishing date. The Registry will notify to the applicant the comments, so the Applicant may expresses about the comments within the three months after the notification.

If the patent is granted there will be no impediment to file the nullity action against it.

Annuity Payments : Annual rates must be paid in advance, before each anniversary of the filing date of the application. Two or more annuities may be paid in advance.

The first annuity is paid before the beginning of the third year, counted as of the filing date of the application, if the patent is already granted. If not, the annuities will be accumulated and have to be paid with the registration fees of the patent.

Grace period for Annuity payments : 6 months with surcharges. The patent keeps its full force during the period of grace.

Compulsory Licensing :

Contractual License: The owner of a Patent of Invention could compulsory licenses for its exploitation. It is not necessary to record the Contractual License, however it only will cause legal effects to third persons if it is recordal.

Obligatory Licenses: Following a declaration by the Government regarding the existence of public interest, emergency national or public health, the Government may make, previous hearing of the Patent of Invention Proprietary, to compulsory licensing at any time; in which case the Registry could dispose that:

  1. The Patent of Invention be used or industrially or commercially exploited by the Government. 
  2. The Patent of Invention or the Application for a Patent of Invention stays open for concessionary for one or more obligatory licenses.

 

Filing Requirements

Patent Filing Requirements

  1. Power of Attorney, legalized by the Guatemalan Consul.
  2. Specification and claims in Spanish, along with any necessary drawings, (no special paper required).
  3. Clear indication if there has been presented applications for the same invention in other countries, if so, information regarding the foreign application as country, filing date and filing number. A copy of the priority application must be filed, certified by the competent authority which has received the priority application.
  4. If the applicant is not the inventor, a title in virtue of which the invention was obtained, legalized by the Guatemalan Consul. It may be an assignment or other legal instrument and does not necessarily need to express face value (if it does show a value, the document is subject to the 12% Added Tax Value on expressed value). Such title may be registered in the power according to the provisions of paragraph (a). Filing of patent applications by inventors who are individuals or legal entities (corporations or associations) is allowed. Therefore, it is not necessary to register the inventor as an individual in order to assign his/her right to a holder who is a legal entity.

 

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