Patent

Guatemala

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
One invention is subject to patentability when it has novelty, inventive level and can be apply for industrial porpuses. For the specific case of a vegetal variaty, the conditions in order to be subject of patentability is that the same must be new, diffe
Inventions not Patentable
15d7f13f8865de1568609272@_Worksheet_in_Guatemala_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
30 Months
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
20 Years
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
Spanish
Translation required
Yes
Due date to file the translation
On Filing Date
Power of Attorney (In case of individual applicant, copy of passport is required)
Consulate Legalized
Deed of Assignment
Consulate Legalized
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
Consulate Legalized
Home / Foreign Registration Certificate, with required translation
Consulate Legalized
International Search Report (ISR), in case of PCT
Yes
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
Consulate Legalized
Declaration of Nationality
Consulate Legalized
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Optional
Time of Examination
Pre-Publication
Time Frame from the Date of Application
3 Month (minimum)
Deadline to File the Reply
1 Month
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
6 - 12 Months
Deadline to File the Reply
1 Month
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
18 Months
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Applicability of Opposition
Yes