Registration of industrial designs in Colombia – Every company that owns an industrial design and intends to expand its business in the Colombia market should use the Colombia intellectual property system. It is paramount for businesses to file an industrial design application in Colombia for industrial designs, even if the launch of the respective product on the market in Colombia has not yet commenced.
Requirements for Industrial Design Registration Application in Colombia
An industrial design application in Colombia requesting the right of priority must be filed within 6 months from the priority date.
The official language of the proceedings before the patent office is Spanish.
The following information and documents need to be provided in the application for registration of an industrial design in Colombia:
- name, address, and nationality of the applicant, business address;
- request for design registration;
- representations of a design;
- proof of payment of the official fee.
When submitting a design application in Colombia, a scanned copy of the signed Power of Attorney must be included. There is no requirement for legalization or notarization. The Colombian Patent Office will issue a formal Office Action seeking the POA from the applicant within a 30-day window, which may be extended for an additional 30-day window if required if the POA is not submitted with the application. The application will be deemed abandoned if the POA form is not submitted before the deadline.
Within nine months after the priority date, a scanned copy of the priority document’s certified copy that has been officially translated into Spanish must be provided.
The Office must receive a scanned copy of the signed, non-legalized Assignment Deed in Spanish if the applicant did not create the industrial design. If the Assignment Deed is not submitted with the application, the Colombian Patent Office will formally issue an Office Action requesting that it be submitted within a period of thirty days (which may be extended for an additional 30 days). The application will be abandoned if the Assignment is not submitted by the deadline.
Examination of an Industrial Design Application in Colombia
In Colombia, it is not essential to ask for an examination of the industrial design. The Colombian Patent Office will not conduct a novelty search if a third party does not submit an opposition to the design within 30 working days of its publication.
Validity period and renewal of industrial designs in Colombia
The applicant, inventor, assignee, or a third party who obtained information from the applicant, inventor, assignee, or national offices six months prior to the filing date—or if priority is claimed before the priority date—disclosing information about the industrial design will not invalidate the novelty of a Colombian design application.
A Colombian industrial design registration is valid for 10 years from the filing date. The design enters the public domain after this limited time frame, which is not renewable.
In Colombia, there are neither formal grant fees nor yearly fees for industrial designs.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Colombia should perform an industrial design search in Colombia through a law firm, or an industrial design attorney.
