Patents: Honduras

General Information

International Agreements : Paris Convention.

Patent Types : Process and Product Patents, Pharmaceutical Patents allowed and 
protected for 20 years from filing date.

Novelty Requirements : Yes – worldwide Novelty.

Claiming priority : Yes – One Year.

Examination : Yes.

Protection Period : 20 Years from filing date.

Publication : Yes

Annuities : Annually

Grace period for payments : 6 Months

Compulsory Licensing : Yes

ARTICLE 66.- At the request of any person who proves his capacity to use the patented invention, presented after four (4) years starting from the date of filing of application of the patent, or three (3) years starting from the date of grant of the patent, applying the term that expires later, the Industrial Property Registry Office shall grant an obligatory license for the use of a patent, if it were not in use according to Article 65 of this Law, after an audience of the patent holder.
A compulsory license will not be granted when it is demonstrated that the lack or insufficiency of use is due to a fortuitous case or “force majeure” or to circumstances that are out of the will or control of the holder of the patent, which justify the lack or insufficiency of industrial use of the patented invention. The lack of financial resources or lack of financial viability of the use will not be considered proving circumstances.
Before granting a compulsory license, the Patent Office will give opportunity to the holder of the patent to proceed to its use within the term of two (2) years starting from the notification made to him.

 

Filing Requirements

Patent Filing Requirements

  1. Name and address of the applicant.
  2. Place of Incorporation of the applicant (if it is a juridical person).
  3. Title of the invention.
  4. The name and address of the inventor(s).
  5. Assignment Deed legalized up to Honduran Consulate.
  6. The date, serial number and office where the applicant has previously filed an 
    application for the same patent.
  7. Two sets of the description, claims, drawings & summary of the Invention.
  8. Power of Attorney (Legalized by a Honduran Consulate).

 

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