Last update: February 2023

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: 

  • Any time after filing, the Patent Office can issue a Formal Office Action requesting the pending POA. The deadline for filing the document is too short (10 days) and it is mandatory an original copy. Therefore, we recommend sending this document shortly after the filing.
  • 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). 
  • Sequence listings must be filed in WIPO Standard ST.26 format.

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/