Comply with the law and keep your business patent visible, know the Requirements to replace a commercial patent: Everything you need to know, It is so simple that you will not hesitate to do it at the end of the reading.
What is a patent
The granting by the State of a group of exclusive rights, which are related to the invention of a new technology or product and, furthermore, when published, could lead to its commercialization, we know it as a patent.
The owner of the patent or creator of the invention, will enjoy in a unique way what the law calls industrial property, which is part of intellectual property, this inhibits third parties to carry out the exploitation of the invention or its improvements.
This right has a validity period that reaches twenty years. Once this period of time is consumed, anyone can use the product, without requiring the approval of the inventor, and it becomes the public domain. These guidelines are based on the Agreements on the aspects of intellectual property rights related to trade or TRIPS.
Natural or legal persons, also the group of them, with the same nationality or foreigners, can be the holders of a patent.
The rights involved in a patent can be transferred by acts in life or by succession. For its rental, licensing, sale, be part of inheritance assets or be exchanged. In addition to assigning them a value, based on the amount that can be received for their sale.
Formerly, The patent was a royal decree with the purpose of limiting the ownership of the invention to certain people for their trade, but at the same time, encouraging them to share their knowledge for the development of society and make it public instead of keeping it secret.
Even though there are various categories of patents, the main types are:
- Utility patents correspond to products, machines, methods, devices, etc.
- The design ones, made up of the external lines, the aesthetics, the texture and the ornamentation of something.
- Also plant patents, where cloning of trees and plants and vegetation are included.
But not every invention or creation can be patented, as is the case of biological material such as genes and proteins, although in Japan and the United States it is allowed.
With a general view, the biological processes or procedures that generate the production, reproduction or propagation of plants and animals are not patented.
Neither do genetic and biological materials, in their natural form, or animal breeds. And very important the living parts that make up the human body, neither vegetables nor minerals.
Requirements to replace a commercial patent
In Guatemala, the commercial patent certifies the legality of a company. This must be approved before the respective Mercantile Registry, which in compliance with art. 344 of the Commercial Code, it will be issued free of charge, upon completion of the proper registration.
It is mandatory that it be located in a visible place in the corresponding establishment.
In view of its importance, in the situation that deteriorates or is lost, the procedure must be carried out for its replacement.
For its replacement it is required:
- Download and complete the modification form, then print it. We will locate it in the following link Commercial register without cost. Or buy it in Banrural for Q 10.00. One must be presented for each owner.
- Make the payment of Q 150.00, in the agency of your preference in BANRURAL.
- In a legal-size folder, place the complete form, proof of payment and, if you have one, the original patent. If you do not have it due to theft or loss, you must file a complaint with the National Police.
Present the folder or folder at the lockers of the Mercantile Registry.
- To obtain the replacement of your patent, you can withdraw it at the Mercantile Registry windows or download it from its electronic page
- You must attach Q 50.00 in tax stamps, in case of company patent or Q 200.00 if it is a company patent.
What to do in case of theft or loss
When the patent has been lost or stolen. Complaints must be filed with the corresponding agencies:
- Due to loss, it must be presented before a notary public
- In the event of theft, the complaint must be made to the National Civil Police or the Public Ministry.
How to generate your patent online
In order to facilitate the obtaining of the patent, the RM or General Mercantile Registry of the Republic, has developed the electronic platform ePatent.
This procedure is the pioneer in the modernization process of the Registry, with the vision that all the procedures of this body can be carried out online.
The document issued in this way has the same validity and security as the one obtained at the box office, since it is supported by the advanced electronic signature and has a QR code.
In addition to reducing costs and saving travel and user time.
Commercial registry in Guatemala
Its operation is based on articles 332 and 333 of the Commercial Code.
The first establishes that the place of operations will be in the capital city of the nation and if the executive determines it also in the departments or areas of the country.
That the requirements to be met to be registrars are:
- Be a lawyer and notary
- Have current tuition
- Have Guatemalan citizenship
- Minimum experience of five years in professional practice
- Must be appointed by the Executive through the Ministry of Economy
Identifying the functions of the Registrar, in:
- The inspection of other commercial registers, raising the observations or faults that it considers to be reported to the Ministry of Economy.
- Make the pertinent proposals to solve the failures in other records
In relation to article 333, its guidelines are associated with the characteristics of the Registries, such as that they are of a public nature.
It will register the books of individual businesses, companies, companies and commercial establishments and Indices and auxiliary books
Also of the assistants of commerce and presentation of documents. Including all the books that the law requires for other inscriptions.
The presentation of the books can be loose-leafed, they must be foliated, stamped and signed by the civil judge of First Instance. The first and last folio must show the subject to which they refer.
It is also indicated in this article that the books discussed above can be replaced by more modern systems.
Update your trade patent, do not leave it for tomorrow!
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