HSM

Guatemala Patent Guide

Registration 
A patent can be registered in Guatemala pursuant to the Industrial Property Law Decree No. 57-2000 (November 1, 2000), its Modification Decree No. 11-2006 and Decree No. 3-2013 and the Regulations to the Industrial Property Law No. 89-2002 (March 18, 2002) which provide for local patent applications.

The following information and documentation is required:

  1. a request for the grant of the patent
  2. a description and summary of the invention
  3. one or more claims and any drawings referred to in the description or any claim
  4. an abstract
  5. applicant’s name, address and nationality
  6. Power of Attorney (notarised and legalised)
  7. certified copy of priority document (if priority is claimed)
  8. PCT application if required
  9. Spanish translation of all of the above documents

It usually takes about three to five years for the Registrar of Industrial Property at the Registry of Industrial Property in the Ministry of Economic Affairs to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registry will issue a Certificate of Registration.

Patent Cooperation Treaty
Guatemala is signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.

Searches
Whilst there is no requirement to conduct a search in Guatemala prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within two weeks.

Annuity Payments
Once a patent has been registered in Guatemala there is an annuity payable to the Guatemalan Government each year. The first fee is due before the end of the second year of filing and the subsequent fees on the anniversary of the application date. Annuities for a PCT issued patent are due on the same dates.

Failure to pay an annuity will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.

Expiry
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.

Abandonment
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Guatemala.

To record the assignment of a patent registration the documentation required is the Deed of Assignment (notarised and legalised) and a Power of Attorney (notarised and legalised) with official Spanish translations.

It usually takes about five months for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certification of Registration showing the assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Guatemala.

To record a change of name and/or address for a patent registration the documentation required is the Deed evidencing the change (notarised and legalised) and a Power of Attorney (notarised and legalised) with official Spanish translations.

It usually takes about five months for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certification of Registration showing the change of name and/or address.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA