• Procedures anywhere in the world.
  • Searching of earlier applications and publications both in Colombia and in foreign countries.
  • Technical documents translations by official translators
  • Control and supervision of administrative procedures.
  • Permanent feedback to customers about the status of procedures.
  • Procurement of copy of patents both within Colombia as in foreign countries.
  • Prompt information to secure the payment of yearly or five year due payments.
  • Filing of usage evidences to government entities on scheduled dates.
  • Legal assistance for entering into licensing agreements, merging agreements, assignment agreements, transfer agreements, purchase and sale agreements, and appraisals.
  • Filing of any legal action or remedy in procurement the defense of rights

 

 
  • Decision 486 of Cartagena Agreement valid from December 1, 2000

THE ABOVE LEGISLATION IS APPLICABLE IN COLOMBIA, BOLIVIA, PERU, ECUADOR
AND VENEZUELA

 

PATENTS

DEFINITION

  • New products or procedures, with inventive level and susceptible of being applied in industry.

PRIORITY RIGHTS

  • Upon the filing of the first valid patent application in a member country of the Cartagena Agreement, the applicant thereof is granted 1 year from the date of patent application, for requesting the patent in any other of the Cartagena Agreement countries.

DURATION

  • Twenty (20) years from the application filing date.

PROTECTION

  • Throughout the territory of Colombia.

RIGHT CONFERRED

  • Preventing third parties to commercially exploit the patent without the patent holder consent

MAINTENANCE

  • Following Decision 344 (i.e. until 30-11-00), payment of five year due fees.
  • Following Decision 486 (i.e. from 1-12-00), payment of yearly due fees (in advance, if required).

EXPLOITATION

  • The patent holder shall exploit the patent within four (4) years from the application thereof or three (3) years from the concession.

PATENT ASSIGNMENT

  • Assignment can be made with respect to a granted patent or a patent undergoing the granting procedures, by means of an act among live persons or through successors procedures.

PATENT LICENCE

  • A Licence Agreement can be entered with respect to a patent granted or undergoing the granting procedures so as to enable third parties to exploit the patent. License is to be granted in writing and shall be registered.

INTERNATIONAL PATENTS CLASSIFICATION

  • Strasbourgh Accord will be taken into account.

NOTE

  • There is no Andean patent. In seeking the patent protection, it shall be registered in each of the Cartagena Agreement member countries.

INDUSTRIAL DESIGNS

DEFINITION

  • The term Industrial Design as used herein refers to the particular appearance of a product, resulting from any combination of lines or color combination or any external two dimension or three dimension forms, lines, contours, configuration, texture, or material without modifying the purpose or end use of said product. An industrial deign is not new if it has been previously made available to the access of the public through a description, or any other means.

PRIORTITY RIGHT

  • Upon the valid filing of the first Industrial Design application in a country member of the Cartagena Agreement is made, the applicant of said Industrial Design is granted a six (6) month priority from the application date, enabling the applicant to request the industrial design registry in any other country within the Cartagena Agreement.

DURATION

  • Eight (8) years from the date of filing the application
  • Ten (10) years, according to Decision 486.

PROTECTION

  • Throughout the Colombian territory.

RIGHTS GRANTED

  • An exclusive right to use the industrial design.

MAINTENANCE

  • Rates payment is not applicable.

USAGE

  • Our legislation does not specifically provide an exploitation term, however the our laws refer to the patents relevant regulations.

UTILITY MODEL

DEFINITION

  • Any new shape, configuration or arrangement of parts of any item, tool, instrument, mechanism, or any other object or any part thereto, enabling a better or different working, usage or manufacture of the incorporating object or which may provide the object with some usefulness, advantage, or technical effect it did not have before. An inventive activity is required.

PRIORITY RIGHT

  • Upon the valid filing of the first patent application in a member country of the Cartagena Agreement, the applicant thereof is granted a one (1) year priority from the application date, in order to request the Utility Model in any of the remaining countries of the Cartagena Agreement.

DURATION

  • Ten (10) years from the request application date.

PROTECTION

  • Throughout the territory of Colombia.

RIGHT GRANTED

  • The prevention of third parties exploitation of the Utility Model without the consent of the holder thereof.

MAINTENANCE

  • Payment of rates is not applicable.

EXPLOITATION

  • The patent holder shall exploit the [patent within four (4) years from the application or else, three (3) years from the patent granting date.

NOTE

  • There is no Andean utility model. For purposes of patent protection, it is necessary to register it in each of the Cartagena Agreement member countries.

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Abogados Consultores, Marcas y Patentes - Attorneys at Law, Trademarks and Patents