PATENTS

PATENTS

1. In the case of Colombia, patents are granted by the Superintendence of Industry and Commerce.

   • In the Superintendence of Industry and Commerce (SIC) you can purchase the folders for the application of Patents for Inventions, Utility Models or Industrial Designs.
   • The invention patent is conferred for 20 years, counted from the application. Once this period has expired, the protection of the State ceases and the invention becomes a world heritage site.

2. 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.

   • 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.
     • Disclosure of the invention before filing the patent application may affect the novelty, however Decision 486 allows the patent to be applied within the year following the disclosure without affecting the novelty.
   • The State of the Art is all the information that is related to the invention, such as publications and databases, physical or electronic. From this information it is allowed to conclude if the product or procedure to be patented is new.
   • The SIC through the Patent Bank offers the Technological Search Service, through which the interested party can obtain useful information that indicates whether his invention is new.
     • The SIC performs the search based on the information detailed by the interested party in the search request, as well as the information contained in the patent applications published both in Colombia and abroad.

3. Documents necessary for the processing of a patent

   • 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.
   • Summarize and The description of the invention.
   • The claims.
     • It is the part of the technical document that defines the matter to be protected and, therefore, determines the scope of the protection, and must be written in a clear and concise manner and be entirely based on the description.
   • Figures or examples.
   • Proof of payment of the established rate (which changes every year),
   • To be admitted and obtain a filing date, you must meet the following minimum requirements:
     • The indication that the granting of a patent is requested.
     • Identification data of the applicant.
     • The description of the invention.
     • Drawings of being these pertinent.
     • Proof of payment of the application filing fee.

4. The process of granting a patent is framed in the following stages:

   • Form Exam
     • The request 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.
   • Publication and oppositions
     • It is the opportunity for interested third parties to become part of the process of obtaining a patent and to question the patentability of the invention.
   • Application or request for the patentability test
     • The patentability examination must be requested within six 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.
   • Background or patentability exam
     • It is the examination by means of which it is determined if the invention is patentable, that is, if it is new, it has an inventive level and industrial application and if it meets the requirements established in the legislation for granting the patent.

5. There are two ways to file a patent application

   • Electronically Through the website: http: //sipi.sic.gov.co/
   • Physically in Bogotá - Carrera 13 No. 27 - 00
     • You can then check the rates corresponding to the year 2019.http://www.sic.gov.co/sites/default/files/files/Propiedad%20Industrial/RESOLUCION_TASAS_PI_2019.pdf

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