Patents Laws in El Salvador
El Salvador's patent system is governed by the Intellectual Property Law, enacted through Decree No. 66 and published in the Official Gazette on August 15, 2024. This law, which came into effect on February 17, 2025, consolidates and modernizes the country's intellectual property regulations, including patents, utility models, industrial designs, and trademarks.
🔍 Patentability Criteria
Under the new law, an invention is patentable in El Salvador if it meets the following criteria:
Novelty: The invention must be new and not have been disclosed to the public prior to the filing date.
Inventive Step: The invention must involve an inventive step, meaning it is not obvious to someone skilled in the relevant field.
Industrial Applicability: The invention must be capable of being used in some kind of industry, including agriculture.
Additionally, the law specifies that the patenting of new uses for products or processes already patented is expressly prohibited.
📝 Patent Application Process
The process for obtaining a patent in El Salvador involves several steps:
Filing the Application: Submit a patent application to the Salvadoran Intellectual Property Institute (ISPI), which operates under the National Center of Registries (CNR). The application should include:
A detailed description of the invention in Spanish.
Claims defining the scope of protection.
Drawings, if necessary.
An abstract of the invention.
A certified copy of the priority document, if applicable.
A notarized Power of Attorney.
Formal Examination: The ISPI conducts a formal examination to verify that all necessary documents have been submitted and that the application complies with formal requirements.
Publication: If the application passes the formal examination, it is published in the Intellectual Property Bulletin within four months following the notification of acceptance of the trademark and upon payment of the corresponding fee by the applicant.
Substantive Examination: A substantive examination is conducted to assess whether the invention meets the patentability criteria. The applicant must request and pay the examination fee within six months from the filing date.
Grant of Patent: If no opposition is filed or if the opposition is unsuccessful, the patent is granted, and the applicant is issued a patent certificate.
⏳ Duration and Maintenance
Patent Duration: Patents in El Salvador are valid for 20 years from the filing date.
Annual Maintenance Fees: Maintenance fees are due from the second year onwards and must be paid in advance on or before each anniversary of the filing date.
Grace Period: A 12-month grace period is available for late payment of maintenance fees, subject to the payment of a surcharge.
Utility Models: Utility models are subject to formal examination only and have a validity term of 7 years from the filing date.
⚖️ Enforcement and Legal Remedies
Patent holders in El Salvador have the exclusive right to exploit their inventions and prevent unauthorized use, manufacturing, sale, or importation by third parties. In cases of infringement, patent holders can seek legal remedies through the courts, including injunctions, damages, and the seizure of infringing goods.
🌐 International Treaties
El Salvador is a member of several international treaties that facilitate patent protection:
Patent Cooperation Treaty (PCT): Allows applicants to seek patent protection internationally.
Paris Convention: Provides a right of priority for patent applications filed in member countries.
TRIPS Agreement: Sets minimum standards for the protection of intellectual property rights.
📌 Practical Tips
Language: All patent documents must be filed in Spanish.
Representation: Foreign applicants must appoint a local representative in El Salvador to handle patent matters.
Search: Before filing, conduct a patentability search to assess the likelihood of grant.
Legal Assistance: Consult with local intellectual property law firms for guidance and support.
RELATED Blog
0 comments