10
August
2024
How Much Does It Cost to Patent a Product in Colombia?
In Colombia (as of 2024), the costs to patent a product or process with the Superintendence of Industry and Commerce (SIC) are as follows:
a. SIC Fees for Patent Application (Online): COP 107.000.
b. Patentability Examination for Invention Patent (Online): COP 1.656.000.
c. SIC Fees for Utility Model Patent Application (Online): COP 95.000.
d. Patentability Examination for Utility Model (Online): COP 936.000.
e. Attorney Fees: These depend on the quality and expertise of the law firm you hire to assist with the drafting and preparation of the patent.
1. What is an Invention Patent?
An invention patent is a property title granted by the Superintendence of Industry and Commerce (the Colombian Trademark and Patent Office) to any product or process that offers a new way of doing something or a new technical solution to a problem.
An invention patent is granted for a period of twenty (20) years from the filing date of the application, a period that is non-renewable. Thus, the patent holder has the exclusive right to use the patented invention during this protection period.
In Colombia, for an invention to be patentable, it must be new, involve an inventive step, and be capable of industrial application.
• Novelty: The invention must not have been disclosed to the public through written or oral description, use, commercialization, or any other means.
• Inventive Step: The invention must not be obvious to a person skilled in the relevant field based on the existing state of the art.
• Industrial Application: The invention must be capable of being produced or used on an industrial scale.
2. What is a Utility Model Patent?
Under Colombian industrial property law, a utility model patent is a property title granted to any new form, configuration, or arrangement of elements in a device, tool, instrument, mechanism, or other object, or a part thereof, that allows for a better or different operation, use, or manufacture of the object incorporating it, or provides some utility, advantage, or technical effect that it previously did not have.
A utility model patent is granted for a period of ten (10) years from the filing date of the application, a period that is non-renewable.
The requirements for obtaining a utility model patent are less stringent than those for invention patents. In Colombia, for a utility model to be patentable, it must be new and capable of industrial application.
3. Process for Patenting a Product or Process.
The patent application process is an administrative procedure carried out before the Superintendence of Industry and Commerce, which consists of the following stages: 1) Application filing, 2) Formal examination, 3) Publication, 4) Payment of patentability examination fee, 5) Third-party oppositions, 6) Substantive examination, and 7) Appeal (if applicable).
This process takes approximately eighteen (18) months. Our firm has expert professionals who will advise you throughout all stages of the process.
Before proceeding with the application, it is advisable to conduct an international prior art search to assess whether your invention or utility model is patentable.
By engaging our services, throughout all stages of the process, our firm will provide personalized service, including periodic reports on the status of your application, until the moment you receive the certificate recognizing you as the holder of the invention or utility model patent.