Patent registration in Colombia. Colombia, officially the Republic of Colombia, is a transcontinental country spanning South America and an insular region in North America. Colombia is one of the world’s seventeen megadiverse countries and has the second-highest level of biodiversity in the world. Its territory encompasses the Amazon rainforest, highlands, grasslands, and deserts, and it is the only country in South America with coastlines and islands along both the Atlantic and Pacific oceans. Colombia is a member of major global and regional organizations including the United Nations, the WTO, the OECD, the OAS, the Pacific Alliance, the Andean Community, and a NATO Global Partner. Its diversified economy is the third-largest in South America, with macroeconomic stability and favorable long-term growth prospects. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Colombia.
Patent in Colombia
In Colombia, the applicant can apply for a patent of inventions that consist of products, the process of great invention, manufacturing methods, machines, or devices.
However, on the other hand, the applicant can’t patent discoveries, living things, computer programs, artistic or literary works, scientific theories, recipes, companies, mathematical, therapeutic, surgical, financial, business methods, existing products.
Necessary documents for patent registration in Colombia
The necessary documents for patent registration in Colombia include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The official language of the patent application is Spanish. It is not possible to file the application in any other language as the Spanish translation is required for the acquisition of the filing date.
Patent applications in Colombia claiming conventional priority must be filed within 12 months from the priority date. The restoration of this term is not possible.
Novelty grace period
In Colombia, the disclosure of the invention within 12 months before the filing date or priority date will not make the patent application invalid, provided that the disclosure is made by the applicant, inventor/assignee, or, a third party who has obtained information from the applicant, inventor or assignee, and national offices.
The procedure of patent registration in Colombia
To obtain a patent in Colombia, the applicant needs to file their patent application to the Colombia IP Office.
If there are no issues with the formality of the application, it will then be published publicly on the Official Gazette.
After the publication, the applicant has a 6 months period to file a request for the substantive examination on their patent application.
It should be noted that Colombia provides an accelerated patent examination procedure through the PPH. The applicant needs to file a Spanish translation of the granted claims, the grant decision, and if not accessible to the public, a copy of the prior art cited during prosecution of the equivalent application in the other jurisdiction.
If there are no issues, the applicant will be granted the patent in Colombia.
Although no official grant fee is stipulated, the patentee needs to pay the maintenance fee before the last day of the month in which the Colombian application was filed.
If the necessary fees are not paid on time, late payment is possible within a 6-month grace period with an additional surcharge.
Please find a list of IP Firm In Colombia here.