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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