To patent an invention in Colombia, follow these steps:

1. Carry out a worldwide patent search to ensure that your invention is not already patented and does not infringe a third party right. This initial stage may be the most important and will be the fundamental one to increase the probability of success of your invention.
2. If your invention is new, original and has not been patented in Colombia until now, apply for your patent. To do this, you must go to the Directorate of Inventions and New Technologies of the Superintendence of Industry and Commerce or the country’s patent office.
3. Prepare a patent application that will contain a clear and detailed description of the invention.
4. Submit the application to the Department of Patents of the Superintendence of Industry and Commerce.
5. Wait for your application to be reviewed. This process can take around 12 months and a post-publication patentability examination fee must be paid.
6. If the application is approved, you will have to pay a fee to keep the patent active during the validity period, which is between 10 and 20 years depending on the type of patent.
7. In general, the maintenance of patents in Colombia is allowed, but it is important to know that your right can only be renewed while they are still useful and relevant.

Keep in mind that the processing of a patent in Colombia can be a very complex and complicated process, so it is advisable to seek the advice of a professional in the field.

E-mail: info@tmtamayo.com

The registration of a patent in Colombia gives the owner the right of exclusivity over it, that is, it confers the exclusive power to directly or indirectly exploit the invention that was protected for a term of 20 years and empowers him to prevent third parties from people make use of the patent when they do so without the prior and express authorization of the owner.

In this sense, if a person who does not have any type of authorization to use the invention that has been protected by a patent decides to infringe it; The patent holder may file a lawsuit against the infringer and thus prevent further usurpation of the invention protected by patent.

In the processing of the process for patent usurpation, the interested party may request the Judge that the third-party offender:

1. Stop using, manufacturing or selling the infringing product
2. Destroy the infringing product samples in your possession and,
3. Compensate the patent owner for the damages caused.

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The diversion of clientele is considered an act of unfair competition, and “any conduct that has the object or effect of diverting clientele from the activity, commercial services or foreign establishments is considered unfair, provided that it is contrary to healthy commercial customs or the honest uses in industrial or commercial matters.”

When these cases of bad faith occur in the market, the affected person can resort to legal actions such as:

1. Declaratory and sentencing action:

The person affected by acts of unfair competition will have an action to judicially declare the illegality of the acts carried out and consequently order the offender to remove the effects produced by said acts and compensate the damages caused to the plaintiff. The plaintiff may request, at any time during the process, that precautionary measures be taken.

2. Preventive or prohibition action:

The person who thinks that they may be affected by acts of unfair competition, will have action to request the judge to avoid the performance of unfair conduct that has not yet been perfected, or to prohibit it, even if no damage has yet been produced.

E-mail: info@tmtamayo.com

Do you need patent registration advisors in Colombia and don’t know who to turn to?

At TM TAMAYO we have more than 30 years of experience in the national and international market and a group of expert professionals in patent registration who can provide you with the legal representation that you and your company need.

Our patent team is made up of a group of interdisciplinary professionals, specialized in scientific and legal advice on patent management.

including from the drafting of high-quality patent applications in any area of technology, to the advancement of litigation in matters of infringement and nullity before the competent authorities.

E-mail: info@tmtamayo.com

Once the patent registration application is filed with the Colombian Patent and Trademark Office, the granting process begins, which must comply with the following stages:

1. Form examination:

The application that was submitted to the Colombian Patent and Trademark Office undergoes a formal examination within a term of 30 business days in order to verify if it meets the formal requirements, such as:

1. a) Form or request with all the data of the inventor and applicant.
2. b) the description;
3. c) one or more claims;
4. d) one or more drawings, when necessary to understand the invention,
5. e) the abstract;
6. f) the powers that were necessary;
7. g) proof of payment;
8. h) When applicable: Assignment, license for the use of traditional knowledge in accordance with the provisions of Decision 391 of the CAN or contract for access to genetic resources.

In the event that the application does not meet the requirements provided by law, the Colombian Patent and Trademark Office will require the interested party to complete or correct the application within a period of 2 months. If the interested party does not complete or correct the patent application, it will be considered abandoned. If, on the contrary, the application fully meets all the requirements, it goes to the next stage.

2. Publication and oppositions:

This stage seeks to publicize the patent applications that have been filed with the Colombian Patent and Trademark Office so that people are aware of the new inventions that they want to protect so that they can present their oppositions. At this stage, the applicant must be aware of answering any oppositions that may be presented.

3. Application or request for patentability examination:

Within the following 6 months from the date of publication, the interested party must request that his application be examined, to determine if the invention is patentable or not. If you do not carry out the request for such examination, the request is considered ABANDONED.

4. Substantive or patentability examination:

Through this, the Superintendency of Industry and Commerce (SIC) verifies whether or not the invention that is the subject of the application complies with the patentability requirements in order to determine whether the patent is granted or denied.

E-mail: info@tmtamayo.com