PATENTS

PATENTS

1. A patent is a set of exclusive rights granted by a State to the inventor of a new product or technology, which can be commercially exploited for a limited period of time, in exchange for the disclosure of the invention.

2. Grant an exclusive right and exploitation

   • for 20 years non-extendable
   • It has a negative character, prevents exploitation from third parties
   • It has an economic value
     • Can yield
     • Can be licensed
       • The license can be: exclusive, non-exclusive, mandatory and full-fledged

3. It is regulated by:

   • International level: ADPIC, C union paris, Washington Co-operation Treaty.
   • European level: munich agreement and luxembourg convention.
   • Spanish level: patent law 11/1986

4. They have three requirements

   • Formal: refer to the request
   • Objectives, these are divided into two.
     • Positive
       • Executable industrial invention: must have industrial application
       • Inventive activity
       • Novelty
     • Negative
       • Inventions in which your patent concession is prohibited
   • Subjective, the inventor has a patent right and a holder

5. Causes for annulment of a patent

   • Judicially declared, retroactive effects, lack of formal requirements, insufficient description, when the holder has no right to request it.

6. Expiration of a patent

   • The patent was granted validly but the term of validity expires
   • No retroactive effects

7. JHAN MARTÍNEZ

8. The regulatory body of Colombia in charge of Patents is the Superintendence of Industry and Commerce.

   • To register a patent you must: 1. Download and fill out the Unique Patent Application Form PI02 - F01. 2. Make the corresponding payment for this procedure. 3. Attach the following documents: 3.1 Summary of the innovation. 3.2 One or more claims that specify the subject for which protection is requested. 3.3 Description of the invention. 3.4 Figures or drawings if necessary. 3.5 Proof of payment.
   • The invention patent application costs 540 thousand. And the utility model, 317 thousand. We must add 452 thousand of the patentability test. There are 75 percent discounts for students, universities and microenterprises.