How to register patent in Honduras

Honduras has the potential to develop inventions in several fields, taking advantage of natural resources, geographical location, and socio-economic development needs. Honduras is one of the world’s largest coffee exporters. The development of new coffee varieties, sustainable farming techniques, and advanced processing technologies can help improve the quality and added value of coffee products. Honduras has diverse climatic and soil conditions, which are suitable for growing many other crops such as bananas, pineapples, cocoa, sugar cane, and vegetables. Research and development of new crop varieties, effective farming techniques and post-harvest preservation technologies are essential. Honduras can develop processed food products from abundant agricultural raw materials, such as fruit juices, canned foods, jams, dairy products, and ready-to-eat products. Honduras has significant hydropower potential thanks to its rich river system. Investing in small and medium-sized hydropower projects can help increase the supply of clean energy and reduce dependence on fossil fuels. Honduras can develop software solutions and mobile applications that cater to the specific needs of the domestic and regional markets, such as smart agriculture applications, online education applications, e-payment applications, and tourism applications. With competitive labor costs and a young human resource, Honduras can attract outsourcing projects from developed countries. In addition, Honduras can also develop patents in other fields such as light industry, construction, mining, and the production of building materials. Investing in research and development, as well as creating a conducive environment for innovation and entrepreneurship, will be key for Honduras to fully exploit its creative potential. Viet An Law would like to guide clients through the preliminary procedures for patent registration in Honduras through the article below.

Legal Basis

• Industrial Property Law (approved by Decree No. 12-99-E and amended by Decree No. 16-2006)

Definition of Invention in Honduras

In Honduras, a patent is an exclusive right granted by the General Office of Intellectual Property (DIGEPIH) for a new, innovative, and potentially industrially applicable invention. This right allows the patent owner to prevent others from producing, using, selling, or importing the patented invention without their permission for a period of 20 years from the date of filing.

Conditions for registering a patent in Honduras

• Novelty/ New: The invention must be new, which means that the invention has not been disclosed to the public in any form, anywhere in the world, prior to the date of filing the patent application.
• Creative progress: The invention should not be obvious to someone with expertise in the technical field, which means that it must include an innovation step that is not easily deduced from existing knowledge and technology.
• Industrial applicability: The invention must have the ability to be created or used in any type of industry, including agriculture. This means that it must have a practical application and cannot be just theoretical.

Types of Patents Registrable in Honduras

• Invention Patents: Protects new inventions that are novel, innovative, and have industrial applicability. This category includes a wide range of inventions, including processes, machines, manufactured items, material components, and their improvements. The term of an invention patent is 20 years from the date of filing.
• Industrial Design Patents: Protects new models of tools or tools that result in the appearance, configuration, or arrangement of parts that bring about functional improvements. Industrial designs are generally simpler and less creative than inventions protected by invention patents. The term of an industrial design patent is 10 years from the date of filing.

Patent registration dossier in Honduras

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent Application Processing Process in Honduras

Formal appraisal

Upon receipt of the application, DIGEPIH will conduct a formal due diligence to ensure that all the required documents are available and in order. If any deficiencies are found, the applicant will be notified and given a deadline to supplement or amend.

Proclaim

After completing the formal appraisal, the application will be published in the Official Gazette of Industrial Property. In this process, third parties have the right to object to the granting of a patent if they believe that the invention is not patented. The protest period is usually three months from the date of publication.

Appraisal of contents

After the opposition period expires, DIGEPIH will conduct a substantive examination to determine whether the invention meets the patentability requirements (novelty, step of invention, and industrial applicability). The examiner may request additional information or clarification from the applicant during this process.

Grant or deny

If the invention is patentable, DIGEPIH will make the decision to grant the patent. If the invention is not patented, DIGEPIH will make a decision to reject the patent. The applicant has the right to appeal the decision of refusal.

Grant and publication of patents

If a patent is granted, it will be published in the Official Gazette of Industrial Property. The patent will be valid for 20 years from the filing date (or 10 years for industrial designs) provided that an annual maintenance fee is paid.

Patent registration in Honduras through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Honduras.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

If you want to file a patent application, please contact Viet An Law for the most effective support.

Update: 9/2024