Protection of invention patents in Guatemala
As its name implies, patents consist in a title granted by the State to protect inventions. By inventions, all types of creation are understood, they are not only simple findings or discoveries, but creations where human intervention is the most important, since the outcome results in a procedure or product.
For a patent to be granted, this must meet three important requirements: novelty, inventive step and industrial application. The novelty requires that the invention has not been disclosed or made public anywhere in the world and by any means. Regarding the inventive step, the subject matter of the invention should not be obvious to a skilled person in the field of the invention. Finally, the invention must have a specific utility to comply with the requirement of industrial application.
The procedure to obtain the protection of an invention is through the filing of an application before the Intellectual Property Registry of Guatemala. This application must be accompanied by specific documentation. Once the application has been submitted, the examiners review that the formal requirements are met, then the publication is made in the Official Gazette and finally the substantive examination is done. This substantive examination is made by a qualified person with specific knowledge in relation to the matter of the invention. As result of the said examination, the granting or rejection is resolved.
The term of protection for an invention patent is of 20 years, counting from the filing date of the application.
The applications for invention patents grow more every day and its protection becomes one of the most important assets of the company because the title of an invention can only be exclusively used by its owner.
Elizabeth Flores Barrios
García & Bodán