Patents Laws in Haiti
Haiti's patent system is governed by the Law of December 14, 1922, known as the Patents of Inventions and Industrial Designs Law, which remains the primary legislation for industrial property rights in the country. This law provides a framework for the protection of patents, utility models, and industrial designs.
📝 Patent Registration Process
To register a patent in Haiti, the following documents are required:
A copy of the invention's specifications
A copy of the claims
Three copies of any drawings
A Power of Attorney
A certified copy of the priority document (if priority is claimed)
French translations of all the above documents
The registration process typically takes about four years, and applicants can claim priority under the Paris Convention. Once registered, the Intellectual Property Service in the Ministry of Commerce and Industry issues a Registration Certificate.
⏳ Duration and Renewal
Patents in Haiti are granted for an initial term of 5, 10, or 20 years. A 5- or 10-year registration can be extended to a maximum of 20 years. There are no annuity payments or renewals required during the patent's validity period.
⚖️ Enforcement and Infringement
Patent holders in Haiti can enforce their rights through the civil courts. Actions constituting patent infringement include unauthorized use, sale, or distribution of a patented invention. Legal recourse involves sending a cease-and-desist letter and, if necessary, filing a lawsuit to seek injunctive relief and monetary damages.
🌐 International Treaties
Haiti is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority for patent applications filed in other member countries. However, Haiti is not a signatory of the Patent Cooperation Treaty (PCT), meaning that international PCT applications cannot enter the national phase in Haiti.
🧭 Key Considerations
Language Requirement: All documents must be submitted in French.
Processing Time: Patent registration can take approximately four years.
Search Recommendations: While not mandatory, conducting a patent search is advisable to ensure the novelty of the invention.
Assignment and Changes: To record assignments or changes in registration details, notarized and legalized documents, along with French translations, are required
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