PATENTS

COLOMBIA

GDP: $330,228 BILLION
IMPORTS: $69,348 BILLION
POPULATION: 49,648,685
TOTAL AREA: 1,141,748 KM2
CURRENCY: COLOMBIA PESO ($) (COP)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation

Treaty (PCT): YES. Due term for entry into national phase: 31 months.

Patent Law in force:

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000)

Types of protection available:

Patent of Invention; Utility Model.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• Power of Attorney merely signed (no legalization required) within 60 days from office action.

• Assignment document from the inventors merely signed (no legalization required) within 60 days from office action.

• Certified copy of priority application within 16 months from priority date (not required for entry into national phase of PCT applications (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).

Filing of the patent application in a foreign language:

NOT available.

Substantive examination must be requested by the applicant:

YES, within 6 months publication.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60 working days from publication (extension possible)

Opposition:

YES, within 60 working days from publication (extension possible)

Average time from filing to grant:

2 – 3 years

Term of protection for patents:

PCT: 20 years from the PCT international filing date.

Paris Convention: 20 years from the filing date in Colombia.

Term of protection for utility models:

PCT: 10 years from the PCT international filing date.

Paris Convention: 10 years from the filing date in Colombia.

Differences between utility model and patent:

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.

Maintenance:

Yearly after grant.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.sic.gov.co/

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