Patents Laws in Colombia
Here’s an overview of patent laws in Colombia:
Patent Laws in Colombia
Governing Law:
The main law is Law 23 of 1982 (Industrial Property Law), amended by several subsequent laws.
The patent system is managed by the Superintendence of Industry and Commerce (SIC).
Key Features:
Types of Patents:
Invention patents: Protect new technical solutions to a problem.
Utility model patents: Protect new forms, configurations, or arrangements of elements that improve the function or use of a product.
Patentability Requirements:
Novelty: The invention must be new internationally before the filing date.
Inventive step: Should not be obvious to someone skilled in the art.
Industrial applicability: Must be capable of being used in industry.
Exclusions:
Scientific theories, mathematical methods.
Discoveries, plant and animal varieties.
Surgical, therapeutic, and diagnostic methods.
Inventions contrary to public order or morality.
Biological processes for the production of plants or animals.
Patent Term:
20 years for invention patents from the filing date.
10 years for utility models from the filing date.
Filing Process:
File applications with the SIC.
Formal and substantive examination are conducted.
The applicant must request substantive examination within 36 months of filing.
Publication of patent applications occurs 18 months after filing or priority date.
Rights Conferred:
Exclusive rights to exploit the invention commercially in Colombia.
Right to prevent unauthorized manufacture, use, sale, or import.
Compulsory Licensing:
Allowed under specific conditions such as non-exploitation or public health emergencies.
International Treaties:
Colombia is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and TRIPS Agreement.
This enables filing international applications designating Colombia.
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