Patents Laws in Honduras
Honduras offers robust protection for intellectual property, including patents, under its Industrial Property Law (Decree No. 12-99-E). The Dirección General de Propiedad Intelectual de Honduras (DIGEPIH) is the national authority overseeing the registration and enforcement of patents.
📝 Patent Registration Process
To register a patent in Honduras, the following steps are involved:
Preparation of Documents:
Complete application form.
Detailed description of the invention.
Claims defining the scope of protection.
Drawings, if applicable.
Abstract summarizing the invention.
Power of Attorney (notarized and legalized or apostilled).
Assignment document from the inventor(s) to the applicant (notarized and legalized or apostilled).
Certified copy of priority document (if claiming priority) .
Submission:
File the application with DIGEPIH.
Ensure all documents are in Spanish; translations may be required if documents are in another language
Formal Examination:
DIGEPIH reviews the application for completeness.
If any deficiencies are found, the applicant is notified and given a deadline to address them
Publication:
The application is published in the Official Gazette.
A 90-day period is provided for third parties to file oppositions .
Substantive Examination:
After the opposition period, a substantive examination is conducted to assess patentability.
The applicant must request this examination within 15 days of notification .
Grant or Refusal:
If the application meets all requirements, a patent is granted.
If not, the application is refused; the applicant has the right to appeal
⏳ Duration and Maintenance
Patent Term: 20 years from the filing date.
Utility Models: 15 years from the filing date.
Annual Maintenance Fees: Required to keep the patent in force.
First fee due before the end of the third year.
Subsequent fees due annually on the anniversary of the application date.
A six-month grace period is allowed for late payments with an additional fee
🌐 International Treaties
Honduras is a member of the following international treaties:
Paris Convention: Allows for priority claims based on earlier filings in other member countries.
Patent Cooperation Treaty (PCT): Permits entry into the national phase in Honduras within 30 months from the priority date .
World Trade Organization (WTO): Adheres to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement
⚖️ Enforcement and Infringement
Patent holders in Honduras can enforce their rights through
Civil Actions: To seek damages and injunctions.
Criminal Actions: For cases involving willful infringement.
It is advisable for patent holders to actively monitor and protect their rights against unauthorized use .
💡 Key Considerations
Language Requirement: All documents must be submitted in Spanish.
Representation: Foreign applicants must appoint a local representative to file and prosecute patent applications.
No Accelerated Examination: Currently, there is no provision for expedited processing of patent applications.
Opposition Rights: Third parties have the right to oppose a patent application during the publication phase.(
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