Patent Applications in Honduras:
1. Title of the patent.
2. Name and address of the applicant and name of inventors.
3. Three sets of the description of the patent duly translated into Spanish.
4. Three sets of the claims and drawings.
5. Power of Attorney duly legalized by Apostille.
6. If priority is to be claimed, application number, date, country and priority document (without legalization).
To achieve the registration of patents in Honduras and according to Article 10 of the Industrial Property Law of the Republic of Honduras “An invention is considered to be inventive, if it is not obvious nor has it been derived in an obvious way from the state of the technique, according to the criteria of a person versed in the matter. ”
Within this concept, we can patent by:
Patent registration Procedure in Honduras:
In Honduras, the administrative authority on industrial property that has, among other powers, the registration of patents in Honduras is the General Directorate of Intellectual Property of Honduras (DIGEPIH).
The process to obtain the patent registration in Honduras goes through the following phases:
Filing of the patent application before the Industrial Property Registry complete all the necessary documentation. Such request and its annexes will be confidential until the moment of publication.
To verify that the application meets the requirements. If any omission or deficiency is observed, the Registry Office will notify the applicant in writing that, within 2 months, it will have to make the necessary corrections.
Publication of the application in the Official Gazette, within 18 months from the date of submission. As of this moment, a period of 90 business days for the formulation of oppositions is opened.
Within a period of 6 months after publication, it is necessary to request the patentability exam.
Once the deadline for filing oppositions and after paying the corresponding fee has expired, a substantive examination is carried out to determine the novelty of the proposed invention.
Concession resolution, payment of concession fees and issuance of the patent registration certificate.
The average processing time for a patent in Honduras is approximately 3 years.
Once the patent is granted, it will be valid for 20 years that cannot be extended and will be subject to the payment of annuities for its maintenance in force.
Trademark Law in Honduras
Legal basis is the Industrial Property Law of February 28th, 2000 (Decree No. 12-99-E dated of February 28th, 2000. 30 December 1999, in force since 28 February 2000).
Trademark protection is obtained by registration. It can also be acquired to some extent by sufficient public recognition. Notwithstanding the recognition that sufficient and ample use may provide, the main basis for enforcing and defending rights are obtained through registration.
Nice classification, 11th edition
Remarks. about the Registration Proceedings in Honduras
The application is filed at the Industrial Property Registration Office.
A separate application has to be filed for each class.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Prior to registration, the trademark application is published in the Official Newspaper “La Gaceta” three times with 10 days interval between the separate publications.
The process of registering a trademark in Honduras:
- The application is submitted.
- In case of not having fulfilled any of the requirements, the Registry will notify the applicant so that the error or omission can be corrected within thirty (30) days.
- The examinations are carried out in a manner, if there is any problem, the Registry will notify the applicant, indicating the objections that prevent the registration, giving a period of sixty (60) days to withdraw, modify or limit your request or answer the objections raised, as appropriate.
- Once the examinations have been completed, the Registry will extend the publication notices, which must be published in the Official Gazette, for three (3) times, with intervals of ten (10) days each, and consecutively. If there is no problem after submitting the application, the publication notice is generally issued within 3 to 4 weeks of receiving the request.
- Any interested person may file an opposition against the registration of a trademark within the period of publication and up to thirty (30) days from the date of the last publication.
- If there is no opposition within the established period, the Industrial Property Registry will proceed to register the trademark, prior to the payment of the Registration Fees.
National Opposition Period
Any interested party may file an opposition against the registration of a trademark within the period of publications and up to 30 business days counted from the day of the last publication. (Article 89 of the Industrial Property Law)
A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
THIS PROCESS CANNOT BE ACCELERATED.
Honduras Trademark Applications Remarks
• Uni-class system
• Claiming priority according to the Paris Convention
• Opposition system of third parties based on the application’s publication
The following information is required to proceed with the filing of an application:
- Name; nationality, and complete address of the applicant.
- Labels (preferably) in an electronic format or 25 labels with a size of 8 x 8 cms.
- Specific list of goods or services to be included in the application per class.
- Power of attorney document signed for an authorized officer of the company, before Notary Public, which must certify the legal existence of the company, as well as the ability of the person who signs this document. The Honduras Consulate must legalize this document or through the Apostille, according to Hague Convention. This document may be filed along with the application or during the following 30 days after filing.
- Priority document: A certified copy of the application from which the priority rights are claimed. This document may be filed along with the application or during the following 3 months after filing.