Markets everywhere are becoming saturated and it is becoming difficult for businesses to survive, let alone thrive. There are new inventions entering the market on a daily basis and that is why protecting your innovation is extremely important. Similarly, Colombia is also becoming an economy where businesses are competing on a daily basis with multiple products and services.
The invention you make is your intellectual property thus it is vital to protect it from your competitors. This can only be done by securing a patent.
To understand the patent registration process in Colombia, let us have a look.
Colombia follows a first-to-file system for patents, and because of that if you file for a patent first, you will receive priority and thus, patent registration. To register a patent in Colombia, the applicant can file an application through the Superintendence of Industry and Commerce (SIC)
The SIC encourages to apply online so that everything can be stored within the database. In case the applicant wants to file another patent or make amendments, all the documents will be available.
There are two different types of patents in Colombia, which include utility patent and invention patent. There are several requirements that you must understand before getting a patent.
The invention is patentable subject matter: Not everything you want a patent for, can be patented. Patentable inventions include toys, appliances, tools, medical devices, pharmaceutical drugs, new manufacturing processes or industrial methods, software, business methods, biological material.
Novelty: Anything that is already available in the market cannot be patented. What you seek a patent for should be a new invention, something that has not been in the public domain. As soon as you file an application, it is tested for novelty.
Utility: Whatever the innovation is, it should be functional and should be of use for the public. If it does not do what it claims, the utility requirement will be failed.
There are different inventions that are not eligible for a patent, which include mathematical algorithms or models, mental concepts or processes, artistic creations, plans or schemes, principles or theories.
Just like everything, patents have intricacies too. It is very important to search for already registered patents to have an understanding of what are the types of patents and how they work. With the help of a search, you can determine why a patent was rejected. It is recommended to use a patent search service by an attorney if you are inexperienced.
To register for a patent in Colombia, the application and all of its content must be in Spanish language and if it is not in the required language then a translation must be provided alongside the application. If any of the content is missing from the application such as the translation or fee, a notice will be sent to the applicant to complete the application in due time. The application requirements are:
After the application is filed, the applicant has to request for examination. The examination body checks the application to check if it meets all the requirements. Similar or identical patents are also checked by the examiner.
The examiner also checks if there are identical patents already registered or applied for, and if the patent complies with all the regulations.
If there is any problem with the application or if the examiner needs additional documentation from the applicant, a notice is sent to the applicant and the applicant has to provide all the necessary documents within the time period. If the documentation is not provided within the deadline, the application is abandoned.
If the application gets accepted and there is no official action, or if all the questions are responded by providing all the relevant documentation, it gets published.
Any party can file an opposition during the time of publication but within 60 days of it. If an opposition is filed, the applicant is given time to respond accordingly.
If any opposition is resolved and the examiner’s decision is in favor of the applicant, the patent gets granted a notice of allowance is given to the applicant.
The entire patent process takes around 12-18 months but can take even longer, depending on the complexity of the patent and the legalities involved.
Depending on the complexity and legalities involved, the cost varies. The cost to obtaining a patent in Colombia ranges from $800 to $4000, but can increase if there are intricacies involved.
Patents in Colombia last for 20 years, but after the 5th year of registration, a maintenance fee has to be paid.
It is important to understand the extent of which a Patent protects the owner’s invention(s). It offers authenticity in front of the customers and the market and provides exclusivity to the patent owner over the invention.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in Colombia doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!