Patents Laws in Guam (US)
Patent laws in Guam, a U.S. territory, are governed federally—meaning the same United States patent laws that apply in all 50 states also apply in Guam. Here's a summary of how that works:
🔹 Governing Law
United States Patent Act (Title 35 of the U.S. Code) applies in Guam.
The U.S. Patent and Trademark Office (USPTO) handles patent applications from Guam.
🔹 What This Means for Inventors in Guam
Inventors in Guam must apply for patents through the USPTO.
They have access to the same protections and must meet the same criteria as inventors anywhere else in the U.S.
Guam-based inventors can apply for:
Utility patents
Design patents
Plant patents
Provisional patents (as a precursor to utility patent applications)
🔹 Enforcement and Jurisdiction
Patent infringement suits involving Guam are heard in U.S. District Court for the District of Guam, which is a federal court.
Appeals from the District of Guam go to the Federal Circuit Court of Appeals, just like other U.S. federal patent cases.
🔹 Key Points for Guam-Based Applicants
USPTO Filing: Use the USPTO.gov to file patents.
Representation: Local attorneys can assist, or applicants may work with registered patent attorneys anywhere in the U.S.
Patent Protection: A U.S. patent gives exclusive rights in all U.S. states and territories—including Guam.
🔹 Local Resources
Guam may not have a local USPTO office, but assistance may be available through:
University or business incubators
Small Business Development Centers (SBDC)
USPTO’s regional offices (mainland U.S., remote support available)
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