A patent is a set of exclusive property rights granted for an invention, which is a product, technique or process with transformative novel features that provides a new way of doing something or a new solution to an issue. To get a patent, you need to file a patent application and provide technical information about the invention.
- It excludes others from making, using, distributing, importing or selling the invention without the patent owner’s consent. As a result, patent owners may get higher profit margins for their idea.
- Competitors may consider the risks of patent infringement before contemplating entering the market for the patented product or service, which would reduce competition.
- It increases the value of your business, since potential purchasers of your business would consider the patent as a valuable asset.
- Name and address of the applicant.
- Name, address and citizenship of the inventor(s).
- Invention title, abstract of the Invention, utility model or design.
- Invention, utility model or design text description.
- Priority claims (if any), .
- Set of formal drawings.
- Translation of the foreign patent application into Spanish.
- Official filing fee.
- Power of Attorney.
- Patent Search.
- Formal examination.
- Substantive examination.
- Granting of the patent.
Protection in Guatemala currently lasts 20 years for patents, 10 years for utility models and 10 years for industrial designs and an extendable period of 5 years.
The approximate time from application to granting (for a prosecution without an opposition) is 4 years.
- All documents must be translated into Spanish by an official translator. However, the translation can also be certified in Guatemala.
- All signed documents must be apostilled.
- Guatemala is a contracting state of the Patent Cooperation Treaty (PCT).
- Guatemala is a contracting state of the Paris Convention for the Protection of Industrial Property.
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