The Guatemalan Intellectual Property Registry (RPI) announced that, as of November 3, 2025, it will implement the Accelerated Patent Grant (APG) procedure to expedite patent examinations.
This agreement was signed with the United States Patent and Trademark Office (USPTO) and will allow applicants who already hold a granted U.S. patent to obtain protection for the same invention in Guatemala more quickly, provided that the claims are identical or substantially equivalent.
How to access the benefits of the APG?
1. Existence of a USPTO application:
The applicant must have filed a patent application with the USPTO, either:
- As a base application with a priority date earlier than the one filed in Guatemala; or
- As an international (PCT) application in which the United States is a designated country or country of origin of priority.
The Guatemalan application must refer to the same invention described in the U.S. application.
2. Granted patent or favorable examination in the U.S.:
The APG mechanism only applies if the U.S. application has:
- Already been granted as a patent.
- Received a favorable substantive examination decision, meaning the USPTO has determined that the claims are patentable.
The applicant must submit a certified copy of the resolution or official document confirming such grant or favorable examination.
3. Correspondence between claims:
The claims submitted to the RPI must be identical or substantially equivalent to those approved by the USPTO.
If there are differences, these must be technically and legally justified and may not alter the essential scope of the granted invention.
The RPI may require an official Spanish translation of the claims, as well as a comparison table when adjustments are presented.
4. Technical and priority documentation:
The applicant must include:
- A copy of the priority document (form PTO/SB/38 or equivalent).
- A copy of the complete U.S. application file, including the specification, drawings, claims, and patent grant letter.
- A Spanish translation of the technical documents, if originally in English.
- A statement of correspondence between the Guatemalan and U.S. applications.
5. Compliance with the Guatemalan Industrial Property Law:
The file must comply with Articles 91 to 93 of Decree 57-000, which establish the requirements for patentability (novelty, inventive step, and industrial applicability), as well as the formal and substantive requirements for any national application.
The RPI will also verify that:
- The applicant or owner is the same in both applications; and
- The official filing fee for the Guatemalan patent application has been duly paid.
6. Formal request to apply under the APG:
Applicants must formally request to apply under the APG mechanism, expressing their intent to do so.
This request must be submitted together with the technical documentation and proof of payment.
The RPI will review the application and, if all requirements are met, will issue an accelerated grant decision, based on the prior examination conducted by the USPTO.
7. Timeframes and observations:
- The APG procedure can significantly reduce examination time for patent applications.
- However, the RPI retains the authority to verify compliance with Guatemala’s patentability requirements.
- If observations arise, the applicant will be notified and allowed to make corrections without losing access to the accelerated process.
At GarciaBodan, we encourage our clients to assess in advance whether their application meets the APG criteria and to prepare the required technical documentation to fully benefit from this accelerated route.
Our Intellectual Property team is available to provide guidance on filing, validating, and adapting patent applications under the new mechanism, ensuring an efficient process that complies with Guatemalan regulations.
