Invention patents and utility models in Colombia are industrial property rights that protect certain technical solutions. Applications are filed with the Colombian Superintendency of Industry and Commerce (SIC) and, once granted, confer upon the holder the right to prevent third parties from exploiting the protected invention without authorization during the term established under the applicable legislation.
Although both forms of protection apply to technical developments, they differ significantly in terms of subject matter, requirements and duration. The choice between an invention patent and a utility model patent depends on the specific characteristics of the creation and the scope of protection that may be obtained.
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 to a problem. To qualify for protection, the invention must satisfy the requirements of novelty, inventive step and industrial applicability.
An invention patent has a term of twenty years from the filing date of the application. This term is not renewable. Upon expiry, the invention enters the public domain and may be used by third parties, without prejudice to any other rights that may remain in force.
Patentability requirements
For an invention to be patentable in Colombia, it must satisfy, among other considerations, the following requirements:
- Novelty: the invention must not form part of the prior art. This means that it must not have been made available to the public anywhere in the world by means of a written or oral description, use, commercialization or any other means before the applicable filing or priority date.
- Inventive step: the proposed solution must not be obvious or arise evidently from the prior art to a person ordinarily skilled in the relevant technical field.
- Industrial applicability: the invention must be capable of being produced or used in any type of industry, with the term “industry” being understood in its broadest sense.
Compliance with these requirements is assessed by the SIC during the substantive patent examination. Filing an application does not, in itself, guarantee that the patent will be granted.
What is a utility model patent?
A utility model patent protects a new shape, configuration or arrangement of elements of a device, tool, instrument, mechanism or other object, or any part thereof, where the modification enables improved or different operation, use or manufacture, or provides a utility, advantage or technical effect that it did not previously have.
This form of protection is particularly relevant for functional improvements made to existing objects. It does not protect processes and may not be used to protect subject matter excluded from patentability under the applicable legislation.
A utility model patent has a term of ten years from the filing date of the application and is not renewable.
Utility model requirements
To obtain a utility model patent, the creation must be new and capable of industrial application. It must also constitute a functional modification of an object that produces a verifiable utility, advantage or technical effect.
Unlike an invention patent, a utility model patent does not require an inventive step. Nevertheless, the creation must satisfy all other legal requirements and cannot consist solely of an aesthetic modification, since protection must be based on a technical and functional feature.
Differences between an invention patent and a utility model patent
- Protected subject matter: an invention patent may protect products or processes, whereas a utility model patent protects new functional configurations or arrangements incorporated into objects.
- Requirements: an invention patent requires novelty, inventive step and industrial applicability. A utility model patent requires novelty and industrial applicability, as well as a utility, advantage or technical effect.
- Duration: an invention patent is protected for twenty years, whereas a utility model patent is protected for ten years, in both cases calculated from the filing date of the application.
- Scope: the appropriate form of protection depends on the nature of the technical solution and the features that may be claimed in the application.
Importance of avoiding disclosure before filing a patent application
Before filing a patent application, the invention should be kept confidential. Public disclosure before filing may affect the novelty requirement and jeopardize the possibility of obtaining protection, although the applicable legislation provides certain exceptions that must be assessed on a case-by-case basis.
Accordingly, before publishing, marketing, exhibiting or presenting the invention to third parties, it is advisable to assess the appropriate protection strategy and, where necessary, enter into suitable confidentiality agreements.
Patent applications in Colombia
A patent application must contain sufficient technical and legal information to define the invention and establish the scope of the protection sought. Its components include the description, claims, abstract and, where applicable, drawings.
The claims are particularly important because they legally define the subject matter for which protection is sought. Claims that are incorrectly drafted, excessively broad, unclear or unduly narrow may affect the outcome of the proceedings and the practical value of the patent.
Cárdenas Vega Asesores provides legal services in connection with the assessment, preparation, filing and prosecution of invention patent and utility model applications before the Colombian Superintendency of Industry and Commerce, taking into account the particular characteristics of each technological development.