GUATEMALA

• PATENT LEGISLATION IN GUATEMALA

  • IP LAW IN GUATEMALA The legal system in Guatemala is based on the Civil Law system.

    Patents in Guatemala are governed by: Decree No. 57-2000.

    Patents are granted by the Ministry of Economic Affairs.

• BASICS REGARDING PATENTABILITY OF INVENTIONS IN GUATEMALA

  • For an Invention to be patentable, it should contain the following:

    (i). Novelty: An invention is considered new & novel it is not predictable owing to prior publication, prior use or prior public knowledge.

    (ii). Inventive Step: Apart from the invention not being obvious to a person skilled in the art, inventive step would be a feature of an invention that involves either:

    • A technical advancement compared to the existing knowledge
    • Having economic significance or,
    • Both

    (iii). Industrial Application: An invention must be capable of industrial application, which means, the invention should be capable of being made or used in an industry.

• INVENTIONS NOT PATENTABLE IN GUATEMALA
  • • Inventions which are frivolous, contrary to well established natural laws.
    • Inventions primarily intended to be against public order and morality such as equipment to produce counterfeit currency.
    • Mere discovery of a scientific principle or formulation of an abstract theory.
    • Mere discovery of a new form of a known substance not resulting in the enhancement of the known efficacy of that substance.
    • Mere arrangement or re-arrangement or duplication of known devices resulting in each functioning independently of one another in a known way.
    • Methods of horticulture or agriculture.
    • Processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatments of human beings and / or animals.
    • Biological processes for production or propagation of plants and animals.
    • Mathematical, business methods, computer programs per se.
    • Aesthetic creations.
    • Inventions relating to traditional knowledge.
    • Inventions relating to atomic energy.
    • Methods of performing mental acts or playing games.
    • Topography of integrated circuits

    PartityPatents Law Firms through its associates in Guatemala is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN GUATEMALA

  • (i). Names of the applicants.

    (ii). Addresses of the applicants.

    (iii). Names of the inventors.

    (iv). Addresses of the inventors.

    (v). Priority data.

    (vi). Complete specification in Spanish.

    (vii). Set of claims.

    (viii). Drawings if any.

    (ix). Abstract.

    (x). Priority documents.

    (xi). Proof of right in a convention application.

• EXAMINATION OF THE PATENT APPLICATION IN GUATEMALA
  • • Upon receipt, the patent application is examined for formalities compliances and fulfilment of all requisites.
    • After formalities examination, patent application is published in the Gazette.
    • Patent application found to be in compliance with all requisites and not in contravention of any acts and rules and no opposition or objection forth coming, is registered and patent granted to the invention.
• RIGHTS OF THE PATENTEE IN GUATEMALA

  • KINDS OF PATENTS GRANTED BY GUATEMALA:

    – Patents with a term of 20 yrs.

    – Utility Models with a term of 10 yrs.

    • Patents confer to its holders or his successors an exclusive right to work the invention.
    • Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
    • He may authorise the working of the patent either by a manufacturer or by an importer.
    • Patentee may even assign, lease or licence the patent.
    • Patentee is entitled to take legal action against infringers.
    • Patentee is entitled to retain moral right over the invention as ‘the author of the invention’.
    • The patent can be pledged for which it has to be registered in the patent register to become effective.
• COMPULSORY LICENCES OF PATENTS IN GUATEMALA

  • At any time after the expiry of 3 years from the grant of a patent or 4 years from the date of patent application interested parties may apply for grant of compulsory licenses on the following grounds:

    (i). When reasonable requirements of the public with respect to the patented invention have not been satisfied.

    (ii). When patented invention is not available to the public at reasonable and affordable prices.

    (iii). When patented invention is not worked on the territory of Costa Rica.

    (iv). When national emergencies, circumstances of extreme urgency arise.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Guatemala, can assist you comprehensively with Compulsory Licence matters.

• PATENTS Cost of Registration in GUATEMALA