Honduras Patent Guide
A patent can be registered in Honduras pursuant to the Law of Industrial Property (Decree No. 12-99-E) which provides for local patent applications.
The following information and documentation is required:
- an application to obtain registration of the patent
- two copies of the description of the invention
- two copies of the claims
- two copies of any drawings
- two copies of the summary of the description
- Power of Attorney (notarised and legalised / apostilled)
- certified copy of priority document (if priority is claimed)
- PCT application if required
- Spanish translation of all of the above documents
It usually takes about 18 months for the Director General of Intellectual Property at the Secretariat of Industry, Commerce and Tourism to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Director General will issue a Registration Certificate.
Patent Cooperation Treaty
Honduras is signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.
Whilst there is no requirement to conduct a search in Honduras prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within two weeks.
Once a patent has been registered in Honduras there is an annual fee payable to the Honduran Government each year. The first fee is due before the end of the third year of filing and subsequent fees are due on the anniversary of the application date. Annual fees for a PCT issued patent are due on the same dates.
Failure to pay an annual fee will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.
A grace period of six months, however, is allowed for the late payment of an annual fee upon payment of a late fee. After that time the patent application shall be deemed to have been withdrawn or the patent will lapse.
It is possible to pay all the annual fees due in advance up to the expiry date of the patent.
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise the Director General accordingly. This will avoid us sending out unnecessary Reminder Notices.
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Honduras.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).
It usually takes about one month for the Director General to process an application to record an assignment. Once the recording is complete the Director General will issue a Certificate of Recording showing the assignment.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Honduras.
To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).
It usually takes about one month for the Director General to process an application to record a Change of Particulars. Once the recording is complete the Director General will issue a Certificate of Recording showing the change.