Patent registration in Colombia

Patent registration is the best solutions to secure your inventions in Colombia, the country has rich biodiversity and a thriving agricultural sector. This creates opportunities for inventions in the fields of sustainable agriculture, agricultural biotechnology, food production and processing. Colombia has great potential for renewable energy, especially solar and wind energy. Inventions in this field may focus on technologies for the production, storage and distribution of renewable energy. Colombia’s information and communication technology industry is growing rapidly. Patent in this area may include software, mobile applications, digital services, and technology solutions for other industries. Colombia has a long tradition of health science research and pharmaceutical manufacturing. Inventions in this area may focus on new drugs, medical devices, diagnostic and therapeutic technologies. The Colombian government has also implemented a number of policies to encourage the development of inventions such as financial support for research and development projects in priority areas or encouraging cooperation between universities, research institutes, businesses and the government in the development and commercialization of inventions. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Colombia through the article below.

Legal Basis

• Decision No. 486 of the Cartagena Agreement Commission establishing the Common Industrial Property Regime

Definition of Patents in Colombia

In Colombia, a patent is an exclusive right granted by the government to an inventor or assignee of their rights to a new, inventive, and industrially applicable invention. This right allows the patent owner to prevent others from creating, using, selling, or importing the patented invention without their permission for a limited period of time, usually 20 years from the date of filing.

Conditions for registering a patent in Colombia

• Novelty: The invention must be new, which means that it has not been made available to the public anywhere in the world before the date of filing the patent application.
• Innovation step: The invention must have an innovation step, that is, it is not clearly expressed to a person with ordinary expertise in the relevant technical field.
• Industrial Applicability: The invention must have the ability to be manufactured or used in any industry.
• Not excluded: Inventions must not fall under exclusions provided for by law, such as medical treatments, pure scientific discoveries, plant varieties, animal breeds, and products or processes that violate ethics or public order.

Types of patents that can be registered in Colombia

• Invention Patents (Patentes de invención): Granted to new products or processes that have an invention step and have industrial applicability. The term of protection is 20 years from the date of filing.
• Industrial design patents (Patentes de modelo de utilidad): Granted for minor improvements to an existing product or process. They have a lower threshold for invention than invention patents. The term of protection is 10 years from the date of filing.

Although Colombia does not have a specific category for design patents, industrial design protection is available through:

• Industrial design (Diseños industriales): Protects the aesthetic appearance of the product. They are registered separately from the patent and have a term of protection of 10 years, which can be extended for two additional 5-year terms.

Patent Search in Colombia

SIC Online Database

The Colombian Industrial and Commercial Supervisory Authority (SIC) maintains an online database where users can search for patents granted in Colombia. Users can search by patent number, title, applicant name, inventor name, or International Patent Classification (IPC) code. Customers who want to search for patents in Colombia please visit the following link: https://www.sic.gov.co/

PATENTSCOPE of WIPO

The World Intellectual Property Organization’s (WIPO) PATENTSCOPE database allows users to search for patents granted worldwide, including those in Colombia. Users can search using different criteria such as keywords, patent number, applicant/inventor name, and IPC code. Customers can search by visiting the following link: https://patentscope.wipo.int/search/en/search.jsf

Latipat

Latipat is a regional patent database for Latin American countries, including Colombia. The system uses a user-friendly interface to search for patent information in Spanish. Customers who want to search for inventions through this system can access the following link: https://lp.espacenet.com/?locale=en_LP

Google Patents

Although not exclusive to Colombian patents, Google Patents is a comprehensive system for searching for patents from all over the world. Users can use keywords, patent numbers, or the name of the applicant/inventor to search for relevant patents. Customers who want to search for patents through this system, please visit the following link: https://patents.google.com/

Patent registration dossier in Colombia

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Process of processing patent applications in Colombia

After preparing the dossier and submitting it to the Trade and Industry Supervisory Authority (SIC), the dossier will be processed according to the following process:

Check the form

The SIC will review the application to ensure that it complies with the formal requirements, such as whether all required documents are complete, correct and sufficient payment of fees, and the accuracy of the information provided. If any deficiencies are found, the applicant will have the opportunity to correct them within a specific timeframe.

Proclaim

After meeting the formal requirements, the SIC will publish the patent application in the official gazette (Gaceta de la Propiedad Industrial). This publication aims to inform the public about the invention and to allow third parties to file reports or oppositions (if any).

Content Inspection (Optional)

In Colombia, content checks are not mandatory. However, an applicant can request a content check within 36 months of the filing date if he or she wants to expedite the process and obtain a stronger presumption of validity for his patent. During the content test, the SIC will evaluate the patentability requirements for novelty, innovation step, and industrial applicability.

Grant or rejection of patents

If the patent meets all the requirements and there are no objections, the SIC will grant the patent and issue a patent certificate. If the patent does not meet the requirements or if there is a successful objection, the SIC will reject the patent application.

Patent registration in Colombia through the PCT system

What is the PCT System?

The PCT system stands for Patent  Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Colombia.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The CT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services by Viet An Law Firm

• Perform the search and notify the customer in writing of the results of the patent search in Colombia;
• Drafting dossiers and directly filing and monitoring the status of patent application filings in Colombia on behalf of the patent owner;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Colombia;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out procedures in Colombia.
• Receive official dispatches, certificates and hand over to customers (if any).
• The same service applied for trademark registration, industrial design registration and other IP asset for clients.

If you want to file a patent application in Colombia, please contact Viet An Law – IP Firm for the most effective support.