WIPO-administered Treaties: 

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months. 

Patent Law in force: 

IP Law of March 23, 2006. 

Types of protection available: 

Patent of Invention; Utility Model. 

Formal filing requirements: 

  • Power of Attorney duly notarized and legalized within 60 days from filing. No possible extension. Original only.
  • Assignment document from the inventors duly notarized and legalized within 60 days from office action. No extension of term original only.
  • Certified copy of priority application within 180 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available). 

Filing of the patent application in a foreign language: 

Accepted. Late submission of the Spanish translation is possible within two months from notification BUT always prior to 6 months after filing. Unextendable term  

Substantive examination must be requested by the applicant: 

YES, within 6 months from publication. 

Search report must be requested by the applicant: 

NO 

Observations by third parties: 

YES, within 60 days from publication. 

Opposition: 

YES, within 60 days from publication. 

Average time from filing to grant: 

6-7  years. 

Term of protection for patents: 

20 years from filing date. 

Term of protection for utility models: 

10 years from filing date. 

Differences between utility model and patent: 

UM Suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step. 

Maintenance: 

Yearly; also during prosecution of the application. 

Compulsory licensing: 

YES 

Link to Patent Office: 

http://www.cnr.gob.sv/