How to Patent an Invention in Colombia: Requirements and Process
To patent an invention in Colombia, an application must be filed with the Superintendencia de Industria y Comercio - SIC, together with the corresponding technical and legal documentation. The appropriate form of protection will depend on the characteristics of the creation: it may qualify for an invention patent or, where applicable, a utility model patent. Before filing the application, it is advisable to analyze the prior art and determine whether the invention meets the requirements for patent protection.
A patent does not protect a mere abstract idea. Protection is granted for a specific technical solution that satisfies the requirements established under Decision 486 of the Commission of the Andean Community and successfully undergoes examination by the SIC.
What is an invention patent?
An invention patent is an industrial property right that may be granted for a product or process invention that provides a technical solution and meets the applicable legal requirements for patentability.
In Colombia, an invention patent has a term of twenty (20) years from the filing date of the application. This term is not renewable.
During its term, a patent entitles its owner to prevent third parties, without the owner’s consent, from carrying out certain acts involving the exploitation of the protected invention, within the scope defined by the patent claims and subject to applicable law.
What is a utility model patent?
A utility model patent protects a new form, configuration, or arrangement of elements of an artifact, tool, instrument, mechanism, or other object, or any part thereof, where such modification enables improved or different operation, use, or manufacture, or provides a utility, advantage, or technical effect that the object did not previously have.
This form of protection is particularly suitable for certain functional improvements incorporated into existing objects. Processes cannot be protected through utility model patents, nor can subject matter excluded from protection by invention patents.
A utility model patent has a term of ten (10) years from the filing date of the application and is likewise non-renewable.
What can be patented in Colombia?
Under Decision 486, products or processes may qualify for an invention patent when they are new, involve an inventive step, and are capable of industrial application.
Novelty
An invention is considered new when it does not form part of the prior art. Prior art comprises everything that has been made available to the public before the filing date of the application or the recognized priority date, through written or oral disclosure, use, commercialization, or by any other means.
For this reason, it is advisable to assess the protection strategy before publicly disclosing an invention. Prior publication, exhibition, commercialization, or other disclosure may have consequences for patentability and for any potential international protection strategy.
Inventive step
An invention involves an inventive step when, for a person ordinarily skilled in the relevant technical field, it would not have been obvious or clearly derived from the prior art.
Accordingly, merely introducing any modification to something already known is not sufficient. The technical solution for which protection is sought must satisfy the technical assessment carried out by the SIC during the patentability examination.
Industrial application
An invention is capable of industrial application when its subject matter can be produced or used in any type of industry, with the term industry being understood broadly to encompass productive activities and services.
What cannot be patented?
Not every development, creation, or body of knowledge can be protected by a patent. Decision 486 distinguishes, among other matters, between subject matter that is not considered an invention and certain inventions that are excluded from patentability.
Subject matter not considered an invention
- Discoveries, scientific theories, and mathematical methods.
- All or part of living beings as found in nature, natural biological processes, and certain biological material existing in nature or capable of being isolated.
- Literary and artistic works and other creations protected by copyright.
- Plans, rules, and methods for performing intellectual activities, playing games, or carrying out economic or commercial activities.
- Computer programs or software, as such.
- Methods of presenting information.
Inventions excluded from patentability
- Inventions whose commercial exploitation must necessarily be prevented in order to protect public order or morality.
- Inventions whose commercial exploitation must necessarily be prevented in order to protect human or animal health or life, or to preserve plants or the environment.
- Plants, animals, and essentially biological processes for their production, subject to the exceptions provided under applicable law.
- Therapeutic or surgical methods for the treatment of humans or animals, as well as diagnostic methods applied to humans or animals.
The patentability of a particular creation must be assessed on a case-by-case basis, as the manner in which the invention is technically defined and its claims are drafted may be decisive.
Which authority handles patent applications in Colombia?
In Colombia, applications for invention patents and utility model patents are filed and prosecuted before the Superintendencia de Industria y Comercio - SIC, the national authority responsible for industrial property matters.
What documents are required to apply for a patent?
Preparing a patent application requires the invention to be properly defined from both a technical and legal perspective. The documents and elements that generally form part of an application include:
- The corresponding request or application form.
- A description of the invention.
- One or more claims.
- Drawings, where necessary to understand the invention.
- An abstract.
- Powers of attorney, where applicable.
- Evidence of payment of the applicable official fees.
- Any additional documents that may be required depending on the particular characteristics of the application.
The claims are particularly important because they define the subject matter for which protection is sought and, consequently, determine the legal scope of the patent. Deficient technical drafting can materially affect both the outcome of the proceedings and the practical value of the protection ultimately obtained.
What is the process for patenting an invention in Colombia?
The procedure for patenting an invention in Colombia involves several stages before the SIC. Although each application may present particular circumstances, the process can generally be summarized as follows:
- Preliminary assessment of the invention. Before filing the application, it is advisable to determine the appropriate form of protection and conduct a prior art search.
- Preparation of the application. The description, claims, abstract, drawings where applicable, and other required documents are prepared.
- Filing before the SIC. The application is filed with the Superintendencia de Industria y Comercio - SIC and must satisfy the requirements necessary to obtain a filing date.
- Formal examination. The SIC verifies compliance with the formal requirements established under applicable law.
- Publication. Once the corresponding requirements have been satisfied, the application is published so that it becomes available to third parties.
- Oppositions. Following publication, eligible third parties may submit arguments against the grant of the patent within the legally prescribed period.
- Patentability examination. The SIC conducts a technical examination of the application and determines whether it satisfies the requirements for the grant of a patent.
- Decision. Upon completion of the examination, the SIC may grant the patent in whole or in part, or deny the application. The administrative remedies available under applicable law may be filed against the decision.
How long does it take to patent an invention in Colombia?
There is no single processing time that can be guaranteed for every patent application. However, based on our professional experience in this field, we consider that the prosecution of an invention patent application before the Superintendencia de Industria y Comercio - SIC takes, on average, approximately twenty-four (24) to thirty-six (36) months.
The actual timeframe may vary depending on, among other factors, the technical complexity of the invention, the applicant’s actions during prosecution, requirements or objections raised during examination, any oppositions filed by third parties, and the particular circumstances of each application.
Why is a prior art search advisable?
Before filing a patent application, it is advisable to conduct a prior art search. Its purpose is to identify earlier documents and developments that may be relevant in assessing the novelty and other patentability requirements applicable to the invention.
A prior art search does not guarantee that a patent will be granted, as the final examination is conducted by the SIC. However, it enables applicants to make better-informed decisions before investing in the preparation and prosecution of a patent application and may provide valuable information for properly structuring the claims.
For further information regarding the legal services offered by our firm, please visit our patents and utility models practice page.