A patent is an innovation protection measure that must be requested when seeking to protect intellectual property through a property title that is granted to the owner of the invention as a product of his creative work in order for him to have exclusive right to the economic exploitation of your creation for a certain time, thus preventing third parties from using it for commercial purposes without your prior consent.
In order for an invention to be protected through a patent, it must meet 3 basic requirements, which are:
- Novelty of the invention
- Inventive step
- Industrial use
When the inventive project meets these three requirements, the person interested in carrying out the application must draft the patent document taking into account the following parameters:
- A clear and complete explanation of the invention must be written.
- Some Claims must be drawn up, through these, the innovative technical characteristics of the invention are known, for which legal protection is claimed through the Patent.
- Drawings of the invention are presented
- A summary is written in which the most relevant information of the invention is disclosed quickly and clearly.
Once the steps described above have been carried out, the owner of the invention may request the registration of the patent before the Superintendence of Industry and Commerce (SIC) electronically or physically, and must provide the following documents at the time of filing :
- Petition: it is the form through which the identification data of the invention object of registration and of the owner, the inventor (when it was not the same applicant) and the legal representative in the case of having one are presented.
- Abstract of the patent.
- Description of the invention.
- The claims.
- Figures or examples.
- Proof of payment of the fee established by the Colombian Patent and Trademark Office
- In the cases in which the owner of the invention carries out the patent registration application process through a proxy, the power of attorney granted to the latter must be presented.
- If the request is made by a company, it is not necessary to provide the certificate of existence and legal representation of the requesting legal entity. The Colombian Patent and Trademark Office may consult the public records of the Certificates of Existence and Representation in the Chamber of Commerce.
- Copy of the assignment contract or the contract by virtue of which the assignment is presumed when the applicant is not the inventor, for example: service or work contract.
Once these requirements have been met, the patent registration application is filed with the Colombian Patent and Trademark Office and the process to obtain the patent begins, which consists of 4 stages that are
- Form examination
At this stage, it is analyzed whether the application that was submitted meets the formal requirements imposed by law (Decision 486 of 2000, Article 26 and 27).
- 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.
- Application 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.
- 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
WhatsApp: +573188044989
