In this page we will provide you with all the information you need to file your national phase of a PCT patent application in Colombia.
Colombia is a land of entrepreneurs, opportunities, great business, and open commerce, therefore many inventors want their patents protected in this growing economy. Our law firm has a long experience managing small to large patent portfolios in Colombia and the rest of Latin America.
We strive to offer our clients a professional and reliable service with high levels of service; only a law firm can offer. To simplify your experience, you will have a single contact point. Your assigned Senior Attorney will work hand in hand with our Colombian patent team.
We will be glad to help you file your patent application in Colombia or overcome any obstacle you can find on your way.
In Colombia, to file your international PCT patent application you count with 31 months starting from the earliest patent priority you claimed.
In case you have missed this deadline, in Colombia it is not possible to reestablish the application, unless you are able to prove unforeseen circumstances to reason why you miss the original deadline, and make the payment of the fees. In the Colombian case the reinstatement of rights of the applicant regulated by rule 49.6 of the PCT agreement do apply with some modifications.
If you have a specific concern, please contact us.
Yes, at the moment of filing the application, the abstract, description and claims have to be in Spanish.
As with all patent applications, the best option is to get a human translation made by a patent expert in that particular technical field. Translations can be the most expensive part of the application, but an inadequate translation can become a real problem in the future.
We are experts in patent translations into Spanish and will be glad to help you with this.
As in most countries, patents are valid in Colombia for a 20 years term from the application.
In the case of utility models, Colombia gives protection for 10 years.
Once the time is complete there is no possibility to renew the patent rights.
- Name and address of the applicant.
- Name, address and citizenship of the inventor(s).
- Invention title, abstract of the Invention, utility model or design.
- Invention, utility model or design text description.
- Priority claims (if any).
- Set of formal drawings.
- Translation of the foreign patent application into Spanish as previoulsy stated.
- Official filing fee.
- Power of Attorney.
In Colombia it can take 3 to 5 years to grant a patent. Compared to other offices in Latin America the Colombian patent office offers an average time in the patent grant.
Please keep in mind the following steps during the procedure:
Eighteen months after the application or the oldest priority date, if any, the patent application will be published. For an extra fee, it is possible to request a faster publication if necessary.
Annuities are regular payments you have to make to the Colombian patent office to keep the application or the patent alive.
The first payment has to be made starting on the same date as the application is granted and from here every year. According to the National office, you have to make the payment upfront the next years, and the first annuity has to be paid at least the last day of the month in which the application was filed.
In case you miss the deadline, Colombian patent office gives an extra 6 months to pay the annuity, in that case you will have to pay an extra fee.
If you do not make the corresponding payment, your patent rights will expire.
If you are looking for a database with patent application in Colombia, the best place to start is at the Superintendence of Industry and Commerce – SIC. They do have an online database in Spanish that can be very useful if you know what you are looking for. Follow the nexts steps to find the database, in the first place look for the link “Propiedad industrial” click in “Patente de invención”, and in the portal, you’ll see “Buscadores” and then “Base de Datos Nacional.”
- Colombia is an emerging economy in Latin America and an important destination for patents in the region.
- In Colombia you have to pay national fees for all the claims that appear in the international application.
- The Colombian Patent Office is called the Superintendence of Industry and Commerce – SIC.
- Colombia is part of the Hague Apostille Convention
- Colombia is a contracting state of the Patent Cooperation Treaty (PCT).
- Colombia is a contracting state of the Paris Convention for the Protection of Industrial Property.