Documents and information required for patent application in Colombia
The description of the invention.
Figures or examples.
Proof of payment of the established rate (which changes every year),
Simply signed Power of Attorney and Legal Existence Document; notarization or legalization is not required.
Copy of the assignment contract or the contract under which the assignment is presumed when the applicant is not the inventor.
Copy of the first application in case of a priority claim.
Stages of an Patent registration in Colombia:
The process of granting a patent is framed in the following stages:
The application is formally examined (30 business days) to verify compliance with the requirements set forth in the legislation, especially those referred to in articles 26 and 27 of Decision 486.
If there is any requirement in a way that is not met, the Colombian Patent Office will require the interested party to complete the missing items within a period of two months, extendable for another two months.
If the interested party does not complete the missing elements, the patent application will be considered abandoned.
If the application meets the requirements go to the next stage that is the publication.
Publication and oppositions:
The purpose of the publication is to allow people to find out what they are trying to protect through the application and allow them to present oppositions that attempt to undermine the possibility that the application will become a patent. The applicant must be aware of the possible oppositions presented. IMPORTANT: It is not mandatory to response to oppositions, since the Patent Office of Colombia will reviews whether or not the invention is patentable regardless of whether oppositions are filed. However, it is advisable to answer them.
Application or request for the patentability examination:
Within the next 6 months from the date of publication, the interested party must request that it be examined if the invention is patentable. If the patentability test is not requested, the application will be considered abandoned.
Substantive or patentability exam:
Within the next six months from the date of publication, the interested party must request that it be examined if the invention is patentable. If the patentability test is not requested, the application will be considered abandoned.
The Colombian Patent Office examines whether the invention meets the patentability requirements. If you find that the invention is not patentable or that the application does not meet any of the requirements for the concession, it will require the interested party. If there is a response to the request, the application is examined again, if the concept is favorable, the patent is granted unless it is denied.
When is the application published and where?
The application will remain secret for eighteen months from the date of submission of the application, but the applicant may request that it be published at an earlier date. If the request is made to be published before 18 months, it must be indicated by the interested party in the form or petition and it depends on the request having exceeded the form requirements.
The application is published in the Industrial Property Gazette.
When should the substantive examination be requested?
The patentability examination must be requested within six (6). months from the publication in the Industrial Property Gazette of the patent application. If the patentability test is not requested within the indicated period, the application is abandoned.
What happens if the patentability test is favorable?
The patent is granted through an administrative act that is notified to the holder of the rights arising from the concession. From the moment of the concession the holder must be pending to pay the maintenance fees of the patent, because otherwise, the expiration of the patent could be declared.
What happens if the patentability test is unfavorable?
The patent is denied through an administrative act that is notified to the applicant. If the applicant does not agree with the decision, he can file a petition for reinstatement with the Patent Office of Colombia.
Can modifications be made to the patent application after the application is filed?
Yes. During the process, modifications of the initially requested invention can be made. The modification may not imply an extension of the object of protection initially presented.
Can a change of modality of an initially filed patent application be made?
Yes. An invention patent application can be converted into a utility model patent or an industrial design as long as the nature of the invention allows it.
Changes of modality can be made at the request of the applicant at any time during the procedure or at the suggestion of the Patent Office of Colombia, the applicant may accept or reject said suggestion; in case it is not accepted, the procedure of the original modality will be followed.
Can a patent application be divided into two or more applications?
Yes. Patent applications can be divided into two or more fractional applications, but none of these may imply an extension of the protection that corresponds to the disclosure of the initial application.
The division can be made at the request of the applicant at any time during the process, even the Patent Office of Colombia may require the applicant to divide his application if he does not meet the invention unit requirement.
Can the applicant in any part of the process merge two or more patent applications?
Yes. Two or more mergers may be requested as long as it does not imply an extension of the protection and that the result of the merger complies with the invention unit requirement.
Trademark Law in Colombia
Legal basis is the Trademark Law, contained in the Andean Pact Decision 486 concerning industrial property, in force since December 1st, 2000.
Colombia is a member of the Madrid Protocol and a member of the Andean Pact. According to the Andean Pact agreement, there are common rules in trademark law in all member states of the Andean Pact (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Nice classification, 11th edition. Multi-class applications can be filed.
Trademark Registration Procedure in Colombia
The application is filed at the Trademark Office.
The application process includes a formal examination, and examination of distinctiveness and relative grounds of refusal. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use in Colombia. The support evidence of demonstrating acquired distinctiveness rests on the applicant.
The first office action is taken after approx. 15 working days.
Prior to registration, the trademark application is published in the “Gaceta de la Propiedad Industrial” for opposition purposes. As from July, 2014, the gazette is published three times per month.
The processing time from first filing to registration is approx. 8-10 months. when no third party oppositions are filed and no ex officio rejections are issued.
National Opposition Period
The opposition period is 30 working days from publication date of the application.
A trademark registration is valid for 10 years as from the enforcement of the granting resolution. The registration is renewable for periods of 10 years.
Trademark Registration Speeded Up
As a result of Administrative Resolution No. 48348 of 2014, issued by the Superintendence of Industry and Commerce, any person in Colombia interested in filing an application for registration of any distinctive sign will now be able to obtain registration in about four (4) months.
Acceleration of the Formal Examination
As of October 2018, the Delegation for Industrial Property offers a new option for applicants of trademarks and commercial slogans, which allows to optimize the times in the examination of the process of registration of these distinctive signs. This option is called the Expedited Examination of Form Requirements and aims to reduce the processing time between the submission of the application and its publication in the Industrial Property Gazette.
In accordance with Resolution 70252 of 2018, administrative act that regulates the option in question, applicants may access the Expedited Examination of Form Requirements as long as they meet the following conditions:
1. These must be applications for registered, figurative or mixed brands and / or commercial slogans. In this way, it is not possible to qualify for the Expedited Examination of Form Requirements if you wish to apply for registration for non-traditional brands, such as three-dimensional, color, sound or texture marks, as well as collective or certification marks.
2. The application must be made online, not on paper.
3. The applicant must make exclusive use of the pre-approved list of products and / or services provided by the Superintendence of Industry and Commerce. Therefore, the products and / or services to be identified cannot be edited manually by the applicant.
4. The applicant accepts the possibility that the application can be returned to the examination in a manner, if at any time during the procedure the Superintendency evidences aspects in such a way that they must be corrected, such as, among others, the indication that certain expressions are explanatory when They really are not or the nonconformity of the trademark requested for registration with the label presented.
Trademark Applications Requirements in Colombia
1. Name, address, domicile and nationality ofthe applicant. If the applicant is a company, the place of incorporation should be indicated.
2. Simply signed. Power of Attorney.
3. Clear and complete description of the trademark, commercial names or slogan.
4. Indication of the products or services of the class in which the registration is applied for, or of the activities the applicant carries out for which the name or sign is used.
5. The indication of the international class.
6. Copy of the first application in case of a priority claim.
7. Reproduction (two copies) of the graphic trademark, name or sign (12cms X 12cms).
Colombia have become member signatory of the following Agreements:
Trademark Law Treaty (TLT)
Patent Cooperation Treaty (PCT)