By: Némesis Escalante
A patent is understood as the special right granted by the State by means of a title, certificate or document, in relation to acts of exploitation of an invention, which may be a creation of a product or a procedure.
In Honduras patents are granted on Inventions, Utility Models, and Industrial Designs, depending on the product model chosen, the requested patent will be applied.
In order to patent an invention, certain requirements must be met, which are: (Industrial Property Law, Decree 4-99-E, Articles 8, 9 and 10).
Industrial Application
An invention is considered susceptible of industrial application when it can be produced or used in any type of industry. The invention must be functional, operative and capable of being usable in any type of productive activity which includes, among others, handicrafts, agriculture, mining, fishing and services.
Novelty
It must not have existed in the state of the art prior to the date of the application.
Inventive Level
An invention is considered to have an inventive level if it is not obvious and has not been derived in an evident manner from the state of the art, according to the criteria of a person skilled in the art.
Each granted Patent is regulated by a series of provisions found in the Industrial Property Law. The authority in charge of authorizing and granting a patent in Honduras is the Industrial Property Registry Office, and they will be granted for a period of twenty (20) non-extendable years counted from the filing date of the application. It is important to mention that annual fees must be paid to maintain the validity of a patent, which must be paid before the beginning of each corresponding annual period, otherwise the lack of payment of the annual fees could produce the expiration of the patent, losing the exclusive rights over it.
Patents may be granted for a product or for a process. The holder of a patent has the right to act against any person who, without his consent, manufactures the product, offers it for sale, uses, imports or stores it for any of these purposes, as well as against a third party who uses the process or performs any act of sale, use, importation or storage in respect of a product resulting directly from the use of the process.[1] Patents are territorial rights.
Patents are territorial rights, i.e. they are only valid in the country or region in which the application has been filed and the patent has been granted. It must be taken into account that the patent application in process and its annexes will be confidential until the moment of its publication, once granted and published the information related to the patent becomes available to the general public, which for some people is considered as one of the disadvantages of patenting their invention, however, it must be considered that if your invention is patented you may act against third parties in case they are used without the granting of licenses of use.
If you wish to have a patent registered and granted in several countries, you must file an individual patent application with each office in charge.
It is important to mention that the rights conferred by a patent may only be enforced against acts performed by third parties for industrial or commercial purposes. In particular, such rights may not be enforced against acts performed exclusively in the private sphere and third parties performing acts for non-commercial purposes, experimentation, scientific research or teaching relating to the subject matter of the patented invention. [2]
The first patent granted to a Honduran was the “aparejo”, which was registered in favor of Eduardo Pinos from Ceiba on November 17, 1912, which is an attachment that is placed on the beasts of burden and was invented in the first instance to transport bananas, however, it is widely used today in rural areas of Honduras to transport any type of product.
Where should the patent application be filed and what should it contain?
The application for a patent may be filed by a natural or legal person, and may only contain one invention or a group of inventions related to each other, in such a way that they form a single inventive concept. It shall be filed before the Industrial Property Registry, which shall indicate the name and all data related to the applicant, inventor and agent, as well as the name of the invention. Said application must be accompanied by a descriptive memory in which it must explain in a clear and detailed manner what the invention consists of, the procedure to carry it out, technical information related to the invention, claims of what is to be protected and drawings, plans, photographs, etc. must be included with the application.
The average time to obtain a patent in Honduras from the date of filing is 2 and a half years.
Why is it important to register a patent?
The registration of a patent generates profits since it confers to its holder the exclusive right to exploit an invention.
It excludes third parties from the exploitation of the invention, becoming an intangible asset since it obliges third parties who wish to use the patented technology to have a license agreement for the exploitation of an invention, which must be in writing and must also be registered in the Industrial Property Registry. It is important to mention that the license will only have legal effects before third parties after it has been registered. [3]
It motivates people to create a product or procedure that contributes to the development of technologies, guaranteeing them that their invention will be protected against third parties who wish to make use of it without the corresponding authorization.
They improve personal economy and contribute to the development of society since they facilitate the commercialization of products adding economic and commercial value.
It increases competitiveness among people and companies for the creation of better products and procedures that facilitate their application in the industry.
It promotes the development of industry and commerce, which translates to society in obtaining a quality product.
In conclusion, the registration of a patent motivates enterprising people who dedicate their time, experience and make their minds fly for the creation of an invention, generating economic benefits, and creating competition among companies to invent new products or procedures which in turn as a result and reflection in society translates into obtaining a quality product or the facilitation of a procedure that makes it easier to perform a job.
Remember: “IT IS NOT ABOUT IDEAS. IT’S ABOUT MAKING THEM REAL” Scott Belksey.
[1] Industrial Property Law of the Republic of Honduras, Decree 12-99-E, Article 17.
[2] Industrial Property Law of the Republic of Honduras, Decree 12-99-E, Article 18.
[3] Industrial Property Law of the Republic of Honduras, Decree 4-99-E, Article 21.