PCT Applicant's Guide Honduras - Valid as from 1 Dec 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 1 December 2024

(published on 7 November 2024)

Summary of latest changes in this version
RO: RO fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Nov 2023, 1 Jan 2024, 1 Mar 2024, 1 Jul 2024, 11 Oct 2024, Current Version

Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Jan 2025.

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Directorate General of Intellectual Property (Honduras)

D12-99: Industrial Property Law, Decree No. 12-99-E

List of currencies used in this document:

HNL (Lempira), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Honduras

Two-letter code:

Name of Office:

Directorate General of Intellectual Property (Honduras)

Location:

Centro Cívico Gubernamental
Boulevard Juan Pablo
Tegucigalpa
Honduras

Mailing address:

Same as above

Telephone:

(504) 235 52 79
(504) 235 52 97

E-mail:

patentes@ip.gob.hn
yilda.madrid@ip.gob.hn

Website:

http://www.ip.gob.hn

Facsimile:

(504) 239 72 90

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail or facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within one month from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application

No, only upon invitation in the case of other documents

Does the Office send notifications via e-mail in respect of international applications?

Yes

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

HN,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents,

Utility models

Availability under the national law for an international-type search (PCT Article 15):

Decree No. 12-99E of the Industrial Property Law of 18 December 1999 and Decree No. 16-2006 of the Implementation of Free Trade Treaty Law of 15 March 2006

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Honduras

Language in which international applications may be filed:

Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3)

Spanish

Language in which the request may be filed:

Spanish

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Information not yet available

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

EP,

Competent International Preliminary Examining Authority:

EP,

Fees payable to the RO:

Transmittal fee:

200 USD

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,575 USD

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

18 USD

Search fee:

Refer to
Annex D(EP)
Annex D(ES)

Fee for priority document (PCT Rule 17.1(b)):

50 USD

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

50 USD

Is an agent required by the receiving Office?

Yes

Who can act as agent?

Any attorney registered in Honduras

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

At the time of filing, either in the description or separately

— any additional indications:

At the time of filing, either in the description or separately

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

Deposits may be made for the purposes of patent procedure before the Directorate General of Intellectual Property (Honduras) with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (these institutions are indicated further in this Annex and notifications related thereto may be consulted under https://www.wipo.int/treaties/en/registration/budapest/).

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Spanish

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Patents or Utility models

Filing fee

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

1,500 HNL

Annual fees

per year, 200 HNL

Substantive examination fee

1,500 HNL

Exemptions, reductions or refunds of fees:

The fees are reduced by 90% where the applicant is the inventor and he provides a declaration indicating that his economic situation prevents him from paying the full amount of the fees.

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

Document evidencing a change of name of the applicant

Declaration as to the applicant’s entitlement to apply for and be granted a patent

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Declaration as to the applicant’s entitlement to claim priority where the applicant is not the applicant who filed the earlier application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Translation of the international application to be furnished in three copies

Appointment of an agent if the applicant is not resident in Honduras

Power of attorney if an agent is appointed

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

Who can act as agent?

Any attorney registered in Honduras

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

HN.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).

HN.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex HN.I.

HN.03 DIVISIONAL APPLICATIONS

D12-99 Art. 37
Where the application lacks unity of invention, the applicant will be invited to file divisional applications within two months from the date of the invitation. Each divisional application will benefit from the same filing date and any applicable priority date as the international application which entered the national phase. Filing fees are due for each divisional application (refer to Annex HN.I).

HN.04 ANNUAL FEES

D12-99 Art. 16
Annual fees are payable in advance each year before the anniversary of the international filing date, beginning with the third year. Two or more annual fees may be paid in advance. A period of grace of six months is granted for the payment of the annual fee, subject to the payment of a surcharge. Failure to pay any of the annual fees will automatically cause the expiration of the patent or the patent application. The amount of the annual fees are indicated in Annex HN.I.

HN.05 EXAMINATION

D12-99 Art. 54
The Office examines international patent applications as to substance. The amount of the examination fee is indicated in Annex HN.I.

HN.06 APPOINTMENT OF AN AGENT

D12-99 Art. 45(5)
If the applicant is not resident in Honduras, an agent shall be appointed by filing a power of attorney, signed by the applicant. Any attorney registered in Honduras may act as agent.

HN.07 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

HN.08 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

HN.09 CONVERSION

D12-99 Art. 56
An international application for a patent may be converted into a utility model, and vice versa, after the applicant has complied with the requirements for entry into the national phase. Conversion may be requested before the date of publication of the decision to grant. The conversion is subject to the payment of a fee indicated in Annex HN.I.

Annexes

Annex HN.I - Fees

The fees are reduced by 90% where the applicant is the inventor and she/he provides a declaration indicating that her/his economic situation prevents her/him from paying the full amount of the fees

Patents

Filing fee

1,500 HNL

Fee for each divisional application

2,000 HNL

Fee for modification or correction

1,000 HNL

Assignment fee

300 HNL

Search fee

1,000 HNL

Substantive examination fee

1,500 HNL

Fee for reinstatement of rights

3,000 HNL

Fee for opposition

1,500 HNL

Grant and registration fee

700 HNL

Annual fees, due from the international filing date

per year, 200 HNL

Fee for conversion

1,000 HNL

Utility models

Filing fee

1,500 HNL

How can payment of fees be effected?

The payment of fees has to be effected in Honduran lempiras. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid.

Forms

Please refer to the Office.

Processing

WIPO - PCT Applicant's Guide HN - Honduras
Directorate General of Intellectual Property (Honduras)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide HN - Honduras Directorate General of Intellectual Property (Honduras)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide HN - Honduras
Directorate General of Intellectual Property (Honduras)