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Patents

Honduras

(Latin America/Caribbean) Firm Gufa Law

Contributors Eduardo Pedemonte

Updated 22 Mar 2021
Which patent-related international treaty is your country is a member of?

Honduras belongs to the following patent-related international treaties:

  • Paris Convention
  • Patent Cooperation Treaty ("PCT")
  • TRIPS
  • Patent Law Treaty ("PLT")
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Other: UPOV
What kinds of protection is available for inventions?

Inventions protections available in Honduras include:

  • Inventions
  • Utility models
  • Other: Industrial designs
What kinds of subject matter (as such) are excluded from patent protection?

The following subject matter is excluded from patent protection in Honduras:

  • Methods of medical treatment or diagnosis
  • Computer programs
  • Business methods
  • Other: Theoretical or scientific principles; biological material that exists in nature; ways of presenting information; aesthetic, artistic or literary creations.

 

What are the documents and information required for filing a national patent application?

Required documents and information required for filing a national patent application in Honduras include:

  • Name and address of the applicant(s)
  • Name and address of the inventor(s)
  • Specification (description, claims and drawings)
  • Abstract
  • Power of Attorney
  • Deed of Assignment
Is it possible to request early publication or a deferment of publication?

No, it is not possible to request early publication or deferment of publication in Honduras.

Does the applicant have a provisional right upon the publication of an application?

Yes, the applicant has a provisional right upon publication of an application in Honduras.

When is it possible to file a voluntary amendment to specification?

It is possible to file voluntary amendments in Honduras at the following times:

  • At the time of entry into the national phase (for PCT application)
  • At any time during prosecution
  • At the time of requesting examination
  • Other: The amendment can be made at any time before the resolution. 
Is it required to file a request for substantive examination?

No, it is not required to file a request for substantive examination in Honduras. 

Is there a third-party opposition procedure upon publication or after grant?

Yes, there is a third-party opposition procedure upon publication or after grant in Honduras. 

What is the time period from application to grant for a straightforward application (no office actions or oppositions)?

The time period from application to grant in Honduras is between 2-3 years.

Is there any process for accelerated examination of application?

No, there is no process for accelerated examination of an application in Honduras. 

To maintain the validity of patent, is it required to pay an annuity in your country?

Yes, it is required to pay an annuity to maintain the validity of a patent in Honduras. 

Is late payment of annuity permissible?

Yes, late payment of annuity is permissible in Honduras. There is a six-month grace period after expiration in Honduras. 

What are the available enforcement methods in your country?

Available enforcement methods in Honduras include:

  • Civil enforcement
  • Criminal enforcement
Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware?

None identified. 

Patents

Honduras

(Latin America/Caribbean) Firm Gufa Law

Contributors Eduardo Pedemonte

Updated 22 Mar 2021