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:
- 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:
- a) Form or request with all the data of the inventor and applicant.
- b) the description;
- c) one or more claims;
- d) one or more drawings, when necessary to understand the invention,
- e) the abstract;
- f) the powers that were necessary;
- g) proof of payment;
- 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.
- 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.
- 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.
- 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.