To file a patent in Honduras, it must be processed before the Intellectual Property Office of Honduras (DIGEPIH), as they are the authority responsible for managing intellectual property registration applications in Honduras.
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What is a patent in Honduras?
A patent in Honduras is an exclusive right granted by the DIGEPIH to all inventions. This patent gives the right to protect and prevent anyone from copying, using, distributing or selling the invention without permission. The duration of an invention patent is 20 years.
How to file a patent in Honduras?
The official language for patent filing in Honduras is Spanish.
Our in-house translators can assist you.
What are the required documents to file a patent in Honduras?
To successfully file a patent application in Honduras, you must submit the following documents:
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First, provide the full name and address of the applicant and inventors, whether they are individuals or corporations.
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Next, include a detailed patent description, which must contain the specification, claims, and abstract, along with any applicable drawings.
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Then, submit a Power of Attorney duly signed by the applicant.
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In addition, make sure to include Spanish translations of all documents. These translations must accompany the patent application. For PCT cases, we recommend consulting one of our specialized patent agents, as it may be possible to file in a foreign language.
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Moreover, you must present the assignment documents signed by the inventors.
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Finally, submit a certified copy of the Priority Application. However, please note that this document is not required for PCT cases.
How is the Patent process in Honduras?
Application Submission:
Applicants begin the process by submitting the form along with the complete documentation.
Formal Examination:
The Registry reviews the application to ensure all required documents are present. If any documents are missing, it issues a formal notification and gives the applicant two months to provide the pending documentation.
Publication:
After approving the preliminary examination, the Registry publishes the application in the Honduran Gazette. From this date, third parties have 90 days to file oppositions.
Substantive Examination:
Once the application appears in the Official Gazette, the Patent Office sends a notification requesting payment of the examination fees. After receiving payment, patent examiners begin the Substantive Examination. If they find that the application does not meet patentability requirements, they issue an official action. The applicant then has two months to respond with arguments or amendments.
Grant:
If the application satisfies all patentability requirements, the Patent Office grants the patent in Honduras.
Patent term:
20 years from the date of filing of the application.
Average time from filing to grant:
The average time from filing to granting a patent in Honduras is 6-7 years.
Grant, validity term and maintenance fees
Once the patent in Honduras is granted, it will be valid for a period of 20 years. Maintenance Fees are paid annually and they are calculated from the international filing date. Upon the national filing of the application, the accumulated annuities should be paid. Subsequent annuities should be paid annually, on or before the PCT anniversary date.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Peru through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of Honduras.
