Patents Laws in Guatemala
Got it! Here’s a summary of patent laws in Guatemala:
Patents Laws in Guatemala
1. Governing Law and Authority
Patents in Guatemala are governed by Decree 57-2000 (the Industrial Property Law), which regulates patents, trademarks, and other industrial property rights.
The Registro de la Propiedad Intelectual (Registry of Intellectual Property) under the Superintendence of Intellectual Property (SIP) is the official body responsible for granting and managing patents in Guatemala.
2. Types of Patents
Invention Patents: Protect new inventions or improvements in products or processes.
Utility Models: Protect functional innovations with a lower inventive threshold than invention patents.
3. Patentability Requirements
To be patentable, the invention must be:
New (novelty)
Involve an inventive step (non-obviousness)
Capable of industrial application (usefulness)
Certain exclusions apply, e.g., scientific theories, mathematical methods, plant varieties, and medical treatments.
4. Application Process
Patent applications are filed with the Registro de la Propiedad Intelectual.
Requirements include:
Description of the invention
Claims defining the scope
Drawings (if applicable)
Abstract
The application undergoes formal examination and may include substantive examination to verify novelty and inventive step.
5. Duration and Maintenance
The patent term is 20 years from the filing date for invention patents.
Maintenance fees must be paid annually to keep the patent in force.
6. Rights Conferred
Patent holders have the exclusive right to manufacture, use, sell, or import the patented invention.
Unauthorized use by others constitutes patent infringement, allowing for legal enforcement.
7. International Treaties
Guatemala is a member of several international treaties related to patents, including:
The Paris Convention for the Protection of Industrial Property
The Patent Cooperation Treaty (PCT)
This allows inventors to file international patent applications or claim priority dates from earlier filings in other countries.
RELATED Blog
0 comments