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Guatemala Fast Tracks Patents Under the USPTO

Newsletter #184

On November 3, 2025, the Accelerated Patent Grant Agreement (APG) signed between the Guatemalan Intellectual Property Registry (RPI) and the United States Patent and Trademark Office (USPTO) came into force. It will be in effect for five years, with the possibility of revision or termination upon prior notice.

This change will speed up substantive examination in Guatemala without bypassing the Industrial Property Law (LPI), as the novelty, inventive step, and industrial application of the patent will continue to be reviewed. In other words, the examination will be sped up when there is an equivalent file in the United States, but this does not mean that the patent will be granted “by default.”

 

When Does it Apply?

This process will apply when filing an application in Guatemala that is linked to one under the USPTO. The deadlines for filing applications in other countries contained in the Paris Convention and the Patent Cooperation Treaty (PCT) will be respected.

It is important to note that to apply for the APG, there must already be a grant or favorable examination in the United States. In addition, the claims in Guatemala must coincide with those considered patentable by the USPTO (provided they do not contravene the limits of the Guatemalan law).

Given this new scenario, we would like to share some suggestions:

  • Identify files with shared USPTO/PCT priority.
  • Review and prepare documentation.
  • Schedule the process. This involves applying for the APG after the RPI has completed the operations and before paying for the substantive examination.

 

This Agreement is good news as it will reduce waiting times, facilitate the predictability of decisions by aligning claims with those already validated by the USPTO, and create a smoother processing experience at the RPI.

If you believe that any of your files may qualify for the APG, or if you have any questions about the new process, please do not hesitate to contact us.

Published on November 26, 2025

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