By: Nemesis Escalante
Associate – LatinAlliance Honduras
A patent is understood to be the special right granted by the State through a title, certificate or document, in relation to acts of exploitation of an invention, which may be the creation of a product or some procedure.
In Honduras, patents on Inventions, Utility Models, and Industrial Designs are granted, 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, 10 and XNUMX.)
- Industry Application
An invention is considered to be capable 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 used in any type of productive activity which will include, among others, crafts, agriculture, mining, fishing and services.
- New
It must not have existed in the state of the art before the date of the application.
- Inventive Level
An invention is considered to have an inventive step if it is not obvious or evidently derived from the state of the art, according to the judgment 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 non-extendable period of twenty (20) years from the date of submission of your 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 exclusive rights to it.
Patents can be granted for a product or for a procedure. The owner of a patent shall have the right to act against any person who, without his consent, manufactures the product, offers for sale, uses, imports or stores it for any of these purposes, as well as may act against a third party who uses the procedure or execute any act of sale, use, import or storage with respect to a product resulting directly from the use of the procedure.[1]
Patents are territorial rights, that is, they are only valid in the country or region in which the application has been filed and the patent has been granted. It should be taken into account that the patent application in process and its annexes will be confidential until the moment of its publication, once the information related to the patent is granted and published, it becomes available to the general public, which for certain people that It is considered one of the disadvantages of patenting your invention, however, it must be considered that if your invention is patented, you may act against third parties in the event that they are used without the granting of use licenses.
If you want to have a patent registered and granted in several countries, you must file an individual patent application in each office in charge.
It is important to mention that the rights conferred by a patent can only be enforced against acts carried out by third parties for industrial or commercial purposes. In particular, such rights may not be enforced against acts carried out exclusively in the private sphere and third parties that carry out acts for non-commercial purposes, experimentation, scientific research or teaching related to the object of the patented invention. [2]
The first patent granted to a Honduran was the "rigging", which was registered in favor of Eduardo Pinos from Ceiba on November 17, 1912, which is an attachment that is placed on beasts of burden and that was invented in the first instance. to be able to transport bananas, however, it is currently widely used 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 include one invention or a group of inventions related to each other, in such a way that it conforms to a single inventive concept. It will be presented before the Industrial Property Registry, in which the name and all the data related to the applicant, inventor and agent must be indicated, as well as the name of the invention. Said application must be accompanied by a descriptive report in which the invention must be explained clearly and in detail, the procedure to carry it out, technical information related to the invention, claims of what is to be protected and must be accompanied upon request drawings, plans, photographs etc.
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 of exploitation of an invention.
- It excludes third parties from the exploitation of the invention, becoming an intangible asset since third parties who wish to use the patented technology are obliged to have an Invention Exploitation License contract, which must be in writing and must be registered. in the same way in the Industrial Property Registry. It is important to mention that the license will only have legal effects against 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 that their invention will be protected against third parties who wish to use it without the corresponding authorization.
- They improve the personal economy and contribute to the development of society since they facilitate the commercialization of products adding economic and commercial value.
- Increases competitiveness between people and companies for the creation of better products and procedures that facilitate their application in the industry.
- The development of industry and commerce is encouraged, 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 blow their minds to the creation of an invention, generating economic benefits, and creating competition between companies to invent new products or procedures that In turn, as a result and reflection in society, it translates into obtaining a quality product or facilitating a procedure that makes it easier to carry out a job.
Remember: “IT'S NOT ABOUT THE IDEAS. BUT MAKE THESE COME TRUE" 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.