Haiti Patent Guide

Registration
A patent can be registered in Haiti pursuant to the Patents, Designs and Utility Models Act, 1924 which provides for local patent applications.

The following information and documentation is required:

1. one copy of the specifications
2. one copy of the claims
3. three copies of any drawings
4. Power of Attorney
5. certified copy of priority document (if priority is claimed)
6. French translation of all of the above documents

It usually takes about four years for the Intellectual Property Service in the Ministry of Commerce and Industry to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Intellectual Property Service will issue a Registration Certificate.

Patent Cooperation Treaty
Haiti is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.

Searches
Whilst there is no requirement to conduct a search in Haiti 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 five working days.

Expiry
A patent registration may be valid for 5, 10 or 20 years. A 5 or 10 year registration may be extended to the maximum of 20 years.

Abandonment
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 Intellectual Property Service accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
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 Haiti.

To record the assignment of a patent registration the documentation required is the Deed of Assignment (notarised and legalised) and a Power of Attorney with French translations.

It usually takes four months or less for the Intellectual Property Service to process an application to record an assignment. Once the recording is complete the Intellectual Property Service 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 Haiti.

To record a change of name for a patent registration the documentation required is the Deed evidencing the change (legalised) and a Power of Attorney with French translations. To record a change of address the only documentation required is a Power of Attorney with French translation.

It usually takes four months or less for the Intellectual Property Service to process an application to record a Change of Particulars. Once the recording is complete the Intellectual Property Service will issue a Certificate of Recording showing the change.