How is the process of a patent in colombia?

The application process begins preparing the necessary documentation (see requirements and National Patent PCT national phase) for the patent office in Colombia to accept the application.

Once the application is ready, it has to be filed with the patent office in Colombia. This office will conduct a study of the application. If the application is in order and complete, the full publication of the application in the Journal of Intellectual Property will be ordered. In the case of a patent, the publication is made after 18 months from the priority date (12 months for utility model patent). Third parties who believe that the record can affect their rights can oppose.

Six months after publication, whether oppositions have been submitted or not, the applicant must request the examination of patentability. If the examination is not requested the application will be declared abandoned (The deadline is 3 months for utility model).

If the examination of patentability is requested, the Patent Office conducts a first background study in which it revises the requirements for patentability. If the requirements are met, the patent is granted in part or in full.

If the requirements of patentability are not met, the applicant is notified of the impediments to granting the patent. The applicant may answer the notificatione clarifying and / or changing claims. If the applicant does not answer the notification,  the patent is denied.

After receiving the response to the impediments for granting the patent, the patent office makes a final review in which it decides if it grants or denies, totally or partly, the patent. An application for reconsideration may be filed against this decision.

How long can it take to process a patent in Colombia?

The normal process can take between 3 and 4 years. This time may increase depending on the contingencies that may arise in the process. 

What events can occur during the process?

Request of information: If the Patent Office considers that it does not have enough or correct information or that there is any missing document in the application, it  will request information. This must be answered within a period of 2 months for patents of invention and 1 month for utility model patent. If the response is unsatisfactory, the application will be considered abandoned.

Objections: If the application is complete, the patent office makes it public. In this way those who believe that the patent would infringe any of their rights can  oppose the grant. If so, the third party presents an opposition, to which the applicant must respond by showing that the opposition has no basis and the patent should be granted. If  the opposition is successful the patent can be denied.

Declaration of abandonment: If a requirement is not answered satisfactorily, or if the examination of patentability is not requested within six months following the publication of the patent (3 months for utility model patent), the application will be declared abandoned and will be filed.

Observations on patentability: If the Patent Office finds impediments for granting the patent in its study on the requirements for patentability, it will notify the applicant. The applicant may respond to the comments on the patentability to refute or eliminate impediments identified. If there is no response to the impediments of the patent, it will be denied.

Denial: If the Patent Office considers that the invention does not meet the requirements of patentability, the patent will be denied. The only appropriate course of action against the denial is the revesal of sentence to the offical who made the decision.