Colombia

Once a PCT application enters Colombia, it is examined under the Colombian Industrial Property Law and the Andean Community Decision 486, which governs patent rights in several Andean countries. The National phase filing converts the international application into a Colombian patent application, subject to local formalities, substantive examination, and Colombia Patent Search.

A Colombian patent confers the exclusive right to:

• Prevent third parties from making, using, selling, offering for sale, or importing the invention
• Initiate administrative and civil enforcement actions
• Obtain injunctions, monetary damages, and customs seizure of infringing goods
• License or assign the invention commercially

Colombia’s patent system is robust and business-friendly. The SIC actively supports rights holders through administrative enforcement, and courts are increasingly responsive to infringement actions and patent disputes.

Who is Eligible to file a Patent in Colombia

Any person or entity with a valid international PCT application may enter the national phase in Colombia. Eligible applicants include:

• Individual inventors
• Domestic companies
• Foreign corporations
• Universities and R&D institutions
• Startups and technology enterprises

Foreign applicants must appoint a Colombian resident patent attorney or agent to prosecute the application before the SIC. Local representation is mandatory for filing, responding to office actions, paying fees, and pursuing enforcement.

Strict Deadline for Patent Filing in Colombia (31-Month Rule)

Colombia applies a 31-month deadline from the earliest priority date of the PCT Filing. Before the expiration of 31 months, the applicant must:

• File the national phase entry request
• Submit all required documents or translations
• Pay filing and associated fees
• Appoint a local representative

Failure to enter the national phase before the deadline normally results in permanent loss of rights.

Extensions After Expiry of the Deadline

Colombia allows the possibility of restoring rights in exceptional cases where:

• The delay was unintentional
• The applicant demonstrates due care
• The restoration request is filed promptly
• Additional fees are paid

Restoration is not guaranteed. Because the SIC reviews restoration requests strictly, applicants should consider the 31-month deadline as final.

Filing Language for Colombia Patent Application

The official language in Colombia is Spanish.

Applicants must provide a complete Spanish translation of:

• Description
• Claims
• Abstract
• Patent Drawings

If translations are not filed with the national phase entry, the SIC will issue an office action requesting the Spanish version within the required deadline.

Translation accuracy is critical because translation errors may:

• Alter claim scope
• Trigger avoidable office actions
• Create enforceability risks at the time of litigation or licensing.

Required Documents to File a Patent in Colombia

To enter the national phase in Colombia, the following items are required:

1. National Phase Entry Request: Filed through a Colombian patent agent.
2. Full Spanish Translation: Required if the PCT application was not originally filed in Spanish.
3. Applicant and Inventor Information: Names, addresses, and nationalities.
4. Power of Attorney (POA)

• • Simple signed copy acceptable
  • No notarization required
  • No legalization required

5. Assignment Document (if applicable): Only required when the applicant differs from the international applicant.
6. Priority Documents: Only needed if not transmitted during the international phase.
7. PCT Request Form and Publication Details: If not automatically supplied by the International Bureau.

Submission of complete documentation ensures smoother prosecution and reduces the likelihood of formal office actions.

Search and Examination Procedure

Colombia follows a two-stage examination process:

Formality Examination

The SIC verifies:

• Filing completeness
• Payment of fees
• Translation quality
• POA compliance
• Priority claims
• Inventor and applicant data

Substantive Examination

Conducted only after the applicant files a request for examination.
Examiners evaluate:

• Novelty/ Patentability Search
• Inventive step
• Industrial applicability
• Claim clarity
• Unity of invention

It may consider international Colombia Patent Search and written opinions, but conducts an independent local examination.

Examination Process and Office Actions

During substantive examination, the SIC may issue one or more office actions, which may address:

• Prior art conflicts
• Lack of inventive step
• Clarity or support issues
• Unity objections
• Translation inconsistencies
• Missing formal documents

Applicants must respond within the statutory deadline.
Responses generally require:

• Claim amendments
• Technical explanations
• Legal arguments
• Corrected translations

Deadline for Request for Examination

A request for substantive examination must be filed within the statutory deadline following national phase entry or publication. Failure to file the examination request leads to loss of the application.

Publication Process and Legal Impact

After formal compliance, the application is published in the Colombian Industrial Property Gazette. Publication:

• Provides public notice of the patent application
• Allows third-party submissions or observations
• Helps applicants demonstrate market exclusivity intent
• Supports licensing discussions and competitive intelligence

Although enforceable rights start only at the grant, publication plays an important strategic role.

Grant Process and Enforceability

Once the SIC (Superintendencia de Industria y Comercio) is fulfilled, if the application meets all requirements of patentability, it issues a decision to grant. The applicant must pay the grant and registration-related fees before issuance.

Upon grant, the patent becomes immediately enforceable. Enforcement options in Colombia include:

• Administrative infringement actions
• Civil litigation for damages
• Precautionary injunctions
• Customs measures to block the import of infringing products
• Criminal enforcement in limited cases

Validity Term

A Colombian patent is valid for:

20 years from the international filing date,
subject to annual annuity payments.

Typical Time to Get a Patent in Colombia

In Colombia, the average timeline for the granting of an application is:

3 to 6 years, depending on:

• Technology area
• Number of office actions
• Examiner workload
• Quality of responses
• Completeness of translation and documentation

Proactive prosecution often shortens the timeframe.

Annuities and Maintenance Procedure

Annual maintenance fees (annuities) must be paid starting:

• From the second year onward
• Due annually until year 20

Key points:

• A grace period for late payment is available with a surcharge
• If you fail to pay annuity fees, it will affect your legal rights
• Multi-year payments can simplify portfolio management

Official Government Fees for Patent Filing in Colombia

(All amounts in Colombian Pesos – COP)
(Official government fees only; excluding professional charges)

National Phase Filing Fees

Substantive Examination Fees

Administrative / Procedural Fees

Annuity (Maintenance) Fees – Invention Patent

Annuities with Late Payment (Grace Period)

Utility Model Protection in Colombia

Colombia offers utility model protection with:

• 10-year validity from filing
• Faster examination than patents
• Less stringent inventive step requirement
• Lower filing and examination fees

Utility models are ideal for mechanical innovations, tools, and incremental improvements.

Colombia Patent Office: Contact Info

Copyright Offices

Industrial Property Offices