PATENTS

PATENTS

1. What is a patent?

   • The Patent is a privilege granted by the State to the inventor in recognition of the investment and efforts made by the latter to achieve a technical solution that brings benefits to humanity. Said privilege consists in the right to exclusively exploit the invention for a certain time.

2. benefits obtained by patenting an invention

   • Be the only one who can exploit the invention for 20 years. The exploitation may consist of exclusively and directly commercializing the patented product, or through third parties granting licenses, or transferring the rights obtained through its sale so that a third party exploits the invention. In conclusion, the benefit is economical for the inventor or patent holder.

3. Rules that should be consulted to know about the procedures for the protection of an invention patent and the rights of its owner.

   • The current legislation on patents is contained in Decision 486 of 2000 of the Andean Community Commission, a rule applicable to all member countries of the Andean Community. Likewise, this Decision has its regulation in the regulatory decrees, and additionally, the SIC issues the Single Circular that contains the set of guidelines that guide users about the way in which industrial property procedures should be advanced. These rules can be consulted in the regulations section of the SIC website.

4. Documents that make up a patent application.

   • A form that is called a petition in case of submitting it in physical form or in case of doing it online through SIPI the user registers and enters the required information. Summary. The description of the invention. The claims. Figures or examples. Proof of payment of the established rate (which changes every year), If presented through a lawyer, the power granted to him must be presented. The power does not need personal presentation, authentication or legalization and may be granted by private document. 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 person. The SIC may consult the public records of the Certificates of Existence and Representation of the Chamber of Commerce. Copy of the assignment contract or the contract under which the assignment is presumed when the applicant is not the inventor, for example: contract for the provision of work

5. What stages should the request fulfill?

   • The process of granting a patent is framed in the following stages
     • Examination of form: The request is made a formal examination (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 the interested party does not complete the elements missing, 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 request will become a patent. The applicant must be aware of the possible oppositions presented.
     • Request 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.
     • Background or patentability examination: The SIC 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 requirement, the application is examined again, if the concept is favorable, the patent is granted unless it is denied.

6. Where can patent protection be requested in the country?

   • The Superintendence of Industry and Commerce is the only national office competent to process and decide the different applications that have to do with Industrial Property, Patents, Industrial Designs and Trademarks.
   • ELECTRONICLY Through the website: http: //sipi.sic.gov.co/
   • IN A PHYSICAL WAY- In Bogotá - street 27 Number 13 - 00, SIC If you are outside Bogotá, in the offices of Supersociedades of Cartagena, Cúcuta, Manizales, Medellín, Barranquilla, Bucaramanga and Cali.