How to file a patent in Honduras?

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.

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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 needed to file a patent in Honduras?

  1. Full name and address of the applicant and inventors, whether an individual or a corporation. 
  2. A patent description: Specification, claims and abstract. Drawings, if applicable.
  3. Power of Attorney, duly signed by applicant. 
  4. Spanish Translations: Spanish translations must be filed with the patent application in Honduras. For PCT cases, consult with one of our specialized patent agents, as they may file in a foreign language.
  5. Assignment Documents from the inventors
  6. Certified copy of the Priority Application. This document is not required for PCT Cases.

Also, you may need to file a trademark in Honduras.

How is the Patent process in Honduras?

  1. Application submission: The procedure can be initiated by submitting the form and the complete documentation.
  2. Formal Examination: If any required document is missing, the Registry will issue a formal notification to submit the pending documentation within the term of two months.From an administrative process it is verified that the information on the forms is complete and adequate.
  3. Publication: After the preliminary examination is approved, the application is published in the Honduran Gazette.This phase offers a 90 day term for oppositions.
  4. Substantive Examination: Once the patent application is published in the Official Gazette, the Patent Office issues a notification requesting payment of the examination fees. Once these fees are paid the patent examiners conduct a Substantive Examination.If the Patent Office determines that the application does not meet the requirements of patentability, they will issue an official action and the applicant will have two months to present the arguments or the necessary amendments to comply with said requirements. 
  5. Grant: Once the application passes the substantive examination, the patent is granted 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 Argentina.