Patents

Rubén Darío Álvarez Osorio 212032_121 01 / 03 / 2024

Patents

Definition

A patent is an exclusive right granted by a government to the patent holder, giving him the right to exclude others from making, using or selling his invention for a specific period of time. Patents are granted to protect new inventions or significant improvements in products or processes.

Office in charge of patente registration

The entity in charge of ruling on the registration of patents in Colombia is the Superintendence of Industry and Commerce (SIC) and guarantees that inventions comply with legal requirements, granting protection to inventors and holders of intellectual property rights.

Patent registration process

Registration of a patent

The patent registration process in Colombia generally includes the following steps:

• Background search: Conduct a thorough search to ensure that the invention is not already patented by someone else.
• Submission of the application: The patent application is submitted to the SIC and must include a detailed description of the invention, as well as the necessary drawings or diagrams.
• Examination of the application: The SIC will determine whether the invention meets the patentability requirements, such as novelty, inventive step and industrial applicability.
• Publication and opposition: It will be published in the Industrial Property Bulletin and during a certain period of time, third parties may file oppositions if they consider that the invention does not meet the patentability requirements.
• Grant of Patent: If the application meets all the requirements, the patent will be granted and a patent certificate will be issued to the applicant.

To register a patent in Colombia requires the payment of fees. The exact cost may vary depending on the type of request, the number of claims, the nature of the invention, and whether it is a natural or legal person. Some of the rates in Colombia include:

• Application submission fee: Paid when submitting the patent application to the Superintendency of Industry and Commerce.
• Substantive examination fee: Paid to cover the costs associated with the examination of the patent application by the SIC.
• Patent title issuance fee: Paid once the application has been approved and the patent is granted.

Mercado

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SAM

SOM

• Fee for publication in the Industrial Property Bulletin: Paid to cover the costs of publishing the patent application in the Industrial Property Bulletin, where the public is notified of the existence of the application.
• Additional Fees: Additional fees may apply depending on certain circumstances, such as the submission of additional documents, the correction of errors, the filing of oppositions, among others.

Important

Keep in mind that rates may change over time and it is advisable to consult directly with the Superintendence of Industry and Commerce to obtain updated information on the rates applicable to the registration of patents in Colombia.

Example to illustrate how to protect the intellectual property of the topic

Suppose a Colombian inventor develops a new electronic device that significantly improves the energy efficiency of household appliances. To protect his invention, the inventor can file a patent application with the corresponding patent office in Colombia.