El Salvador Patent Guide
A patent can be registered in El Salvador pursuant to Legislative Decree No. 912 of December 14, 2005, Amendment of the Law on the Promotion and Protection of Intellectual Property which provides for local patent applications.
The following information and documentation is required:
- a request for the grant of the patent
- a description of the invention
- one or more claims and any drawings referred to in the description or any claim
- an abstract
- Power of Attorney (notarised and legalised / apostilled)
- certified copy of priority document (if priority is claimed)
- PCT application if required
- Spanish translation of all of the above documents
It usually takes about 2-3 years for the Registry at the National Center of Registries 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
El Salvador 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.
Whilst there is no requirement to conduct a search in El Salvador 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.
Once a patent has been registered in El Salvador there is an annuity payable to the El Salvadorian 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.
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.
Please inform us as soon as possible if you wish to abandon your trade mark 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.
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 El Salvador.
To record the assignment of a patent registration the documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled) with Spanish translations.
It usually takes seven months or less for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of 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 El Salvador.
To record a change of name and/or address for a patent registration the documentation required is the document evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled) with Spanish translations.
It usually takes seven months or less for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will provide confirmation of the recordal of the change.