Patent Registration in Colombia – Patenting Products or Inventions.Francesca Mandolini2019-04-19T06:19:50+00:00
An essential part of any business strategy is the need to protect Intellectual Property. Besides, the benefits generated by the monopoly rights guaranteed through an action of patent registration might be very high.
In Protectia we have an exhaustively experience and a great team of professionals specialized in every aspect of the matter. They will be able to assess the specific needs of every single case and adjust it to the different ways and international agreements, in order to guarantee our clients quality assessment and efficient management throughout all the process of registration and defence of the patent in Colombia.
Patent registration in Colombia: the process
The administrative authority of industrial property in Colombia which has the responsibility to register patents of inventions is the Superintendence of Industry and Commerce (SIC).
The process of registration of a patent in Colombia goes through various steps:
- The first action is the filing of the application.
- Formal examination. It is performed within 30 working days, to verify if the application meets the formal requirements. If any requirement is not met, the SIC shall require to the applicant to complete the missing elements within a period of 2 months, extendable for other 2 months.
- Publication in the Gazette of industrial property, within 18 months from the application. The aim of the publication is to allow people to know who is filing a patent application, and eventually to file oppositions.
- Substantive examination. The SIC examines whether the invention meets the patentability requirements. If the invention is judged not patentable or the application does not meet any of the requirements, the SIC will require the interested. If the applicant replies, the application is examined again.
- Granting of the patent, payment of the registration fees and issuance of the patent certificate.
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The average duration for a patent process in Colombia goes from 3 to 5 years, depending on the specifics of the cases. Once is granted, the patent is valid for a non-extendible period of 20 years. Besides, during this period, annual payments must be done for the maintenance of the patent´s rights.
Why choosing Protectia for the registration of a patent in Colombia?
In the official agency of industrial property Protectia, we distinguish ourselves for several reasons:
- Personal treatment: in Protectia we support our clients in a completely personalized way throughout all the process of registration: from the moment of the application, defence and vigilance until granting.
- Legal advice and patentability study: In Protectia, as a prior step and part of our advice, we always recommend our clients to perform a preliminary study of patentability, essential to detect the existence of prior rights and to be sure that the invention meets the all the requirements to be patented.
- Resources and experience: we have powerful informatics resources along with the expertise of our professional, ideals to advise, develop and manage the protection of inventions in Colombia.