PCT NATIONAL PHASE ENTRY
Guatemala

Guatemala has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since August 18, 1998, and a member of the Patent Cooperation Treaty (PCT) since October 14, 2006. Additionally, the country is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures. Guatemala is also a participant in the regional intellectual property information platform, LATIPAT. 

In Guatemala, a PCT application must be filed within 30 months from the priority date to enter the national phase. 

Spanish is the official language for filing patent application in Guatemala. The Spanish translation of a patent application must be submitted at the time of national phase entry. 

In Guatemala, once the initial deadline for filing a patent application has passed, no extension is available for late submission. 

Documents required to file national phase application in the said country are as follows:

• Power of Attorney: Power of Attorney, duly notarized and legalized through either the Apostille process or at a Honduran consulate in the applicant's home country must be submitted at the Patent Office. 

• Assignment Deed: The Assignment of Invention, duly legalized by the Guatemalan consulate must be submitted at the Patent Office. 

There are no exemptions from fees for patent applications in Guatemala. 

Upon publication of the patent application in the Official Gazette, the Patent Office issues a notification requesting payment of the examination fees. Patent examiners conduct a search in both national and international databases to evaluate the application’s compliance with patentability requirements. 

The first renewal fee must be paid on or before the second anniversary of the international PCT filing date, meaning it should be paid prior to the start of the third year. Subsequent renewal fees must be paid annually in advance, before each anniversary of the filing date. 

Once granted, a patent in Guatemala is valid for a period of 20 years.  

In the GII 2024, Guatemala is ranked 122nd out of 133 economies. Within the group of upper-middle-income economies, it ranks 34th. In Latin America and the Caribbean, Guatemala holds the 19th position out of 20 economies. This year, Guatemala improved its ranking in innovation inputs, moving up to 117th place. The country's main innovation strengths include intellectual property payments as a percentage of total trade (ranked 20th), pupil–teacher ratio at the secondary level (ranked 22nd), and high-tech imports as a percentage of total trade (ranked 34th). 

Guatemala, the largest economy in Central America, has a GDP of US$108.9 million in 2024 and has grown at an average rate of 3.5% over the past decade. While the country saw a growth rate of 3.7% in 2024, it faces significant challenges such as high poverty (57.3% of the population), labor informality (80% of workers), and low female labor force participation (33%). Despite these issues, Guatemala has potential due to its natural resources and cultural wealth. Remittances account for nearly 20% of GDP and grew by 8.6% in 2024.