07
August
2024
Patent an Invention: How to Patent an Invention?
In this article, we will teach you how to patent an invention in Colombia.
1. What is a patent of invention?
Patents of invention are property titles granted by the Superintendence of Industry and Commerce (SIC) to any product or process that offers a new way of doing something or a new technical solution to a problem. The patent of invention is granted for a term of twenty (20) years, counted from the filing date of the application, a period that is not renewable. Thus, the holder of a patent has the right to exclusively use the patented invention during this term of protection.
2. What is a utility model patent?
According to the prevailing regulation in Colombia regarding industrial property, a utility model patent is a property title granted to any new shape, configuration, or arrangement of elements of an artifact, tool, instrument, mechanism, or another object, or a part thereof, that allows for a better or different operation, utilization, or manufacture of the object incorporating it or that provides some utility, advantage, or technical effect that it did not have before. The utility model patent is granted for a term of ten (10) years, counted from the filing date of the application, a period that is not renewable.
3. What can be patented?
In Colombia, for an invention to be patentable, it must be new, have an inventive step, and be susceptible to industrial application. Novelty means that the invention has not been made available to the public through a written or oral description, by use, commercialization, or any other means. The inventive step indicates that the invention should not be derived evidently from the state of the art, meaning that it should not be obvious to a person skilled in the field. Lastly, industrial application means that the invention must be capable of being produced or used on an industrial scale.
On the other hand, the requirements to obtain a utility model patent are less strict than those for invention patents. Thus, in Colombia, for an invention to be patentable in this modality, it must be new and susceptible to industrial application.
4. What cannot be patented?
According to the current patent regulations, the following cannot be patented:
- Inventions whose commercial exploitation in Colombia must necessarily be prevented to protect public order or morality. For this purpose, the commercial exploitation of an invention will not be considered contrary to public order or morality only due to the existence of a legal or administrative provision that prohibits or regulates such exploitation.
- Inventions whose commercial exploitation in Colombia must necessarily be prevented to protect the health or life of people or animals or to preserve plants or the environment. For this purpose, the commercial exploitation of an invention will not be considered contrary to the health or life of people or animals or for the preservation of plants or the environment solely because of the existence of a legal or administrative provision that prohibits or regulates such exploitation.
- Plants, animals, and essentially biological processes for the production of plants or animals that are not non-biological or microbiological processes.
- Therapeutic or surgical methods for the treatment of humans or animals, as well as diagnostic methods applied to humans or animals.
5. Which entity is responsible for patent applications?
Patents of invention or utility models are applied for and processed before the Superintendence of Industry and Commerce (SIC).
6. What is the procedure to patent an invention?
The patent application is an administrative procedure carried out before the Superintendence of Industry and Commerce and consists of the following stages:
1. Filing the application.
2. Formal examination.
3. Publication.
4. Payment of patentability examination fee.
5. Third-party oppositions.
6. Substantive examination.
7. Appeal (if applicable).
This process has an approximate duration of twenty-four (24) 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 search of the state of the art to evaluate whether your invention or utility model is patentable.
By hiring our services, throughout all stages of the process, our firm will provide you with personalized service through periodic reports on the status of your application until the moment you receive the certificate accrediting you as the holder of your invention or utility model patent.