Guatemala belongs to the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Inventions protections available in Guatemala include:

• Inventions
• Utility models

The following subject matter is excluded from patent protection in Guatemala:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods

Documents and information required for filing a national patent application in Guatemala include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Deed of Assignment
• Other: (I) PoA: the document must be apostilled or consular legalized; (ii) The Deed of Assignment must be apostilled; (iii) The specification must be in Spanish and must be submitted when submitting the application; (iv) Regarding Paris Convention applications: a certified hard copy of the Priority Document is required, as well as a Spanish translation of the same.

No, it is not possible to request early publication or deferment of publication in Guatemala. 

Yes, the applicant has a provisional right upon publication of an application in Guatemala. The applicant has the right to sue infringers for infringement acts committed in the period between the publication date and the grant date.

It is possible to file voluntary amendments in Guatemala at the following times:

• At any time during prosecution
• Other: While Guatemalan law establishes that voluntary amendments to the specification may be submitted at any time during prosecution, if amendments are submitted during the final examination stage, it may be the case that the amendment request must be submitted at the time where the Guatemalan PTO may have already internally issued a final decision regarding the application. In such a scenario, the Guatemalan PTO may not take into consideration the voluntary amendment. Consequently, while there are remedies available seeking to obtain a decision ordering the Guatemalan PTO to accept the voluntary amendment request, it is advisable to submit any amendments before the final examination stage initiates.

No, it is not required to file a request for substantive examination in Guatemala. 

Yes, there is a third-party opposition procedure upon publication or after grant in Guatemala. 

The time period from application to grant in Guatemala is between 4-5 years.

No, there is no process for accelerated examination of an application in Guatemala.

Yes, it is required to pay an annuity to maintain the validity of a patent in Guatemala.

Yes, late payment of annuity is permissible in Guatemala. Payment of accumulated annuities is only possible, so long as the application is being prosecuted. After the certificate is issued, there is a two-month non-extendable deadline to proceed with the payment of an annuity due at that time. After such a deadline, the late payment of annuities will no longer be possible. Since such a possibility is established in regulation and not in the law, we recommend paying each annual fee as soon as it is due.

Available enforcement methods in Guatemala include:

• Civil enforcement
• Criminal enforcement
• Border measures, also available by way of civil and/or criminal enforcement. 

None identified.