• Patent fees

Fees associated with the PCT national phase entry in Colombia as well as other patent fees are available in the fee calculator.

• Deadline for the PCT national phase entry in Colombia

The time limit for entering the Colombian national phase of a PCT application is 31 months from the priority date. This deadline can be restored as follows: (i) a two-month term after the factors that prevented the applicant from filing the national phase application have ceased, or (ii) a twelve-month term after the elapsing of the 31-month term for national phase entry, in order to request the restoration of the priority rights.

• Minimum filing requirements in Colombia

The minimum filing requirements for entering the PCT national phase in Colombia are:
- the Spanish translation of the application as filed in the international phase and of the amendments filed under Art. 19 or Art. 34 of the PCT (if any);
- payment of the official fees.

• Language of the Colombian patent application

If the international application was filed in the English language (or another), for entering into the Colombian PCT national phase it is required to file a Spanish translation within 31 months from the priority date. Such translation must contain patent claims, description, drawings (if any) and abstract. If the applicant has made amendments to the claims as a result of the International Search Report (ISR), the translation must contain both originally filed and amended claims. 

• Power of Attorney requirements

The Power of Attorney must be submitted within 31 months from the priority date, and if not, it may be furnished within two months from receiving the corresponding request from the Office. A scanned copy of the executed Power of Attorney is enough in Colombia. Legalisation is not required for patent registration actions in Colombia. For nullity or infringement actions a new, duly legalised POA is required, however, the POA can be sent by mail from the grantor’s official email with proof of its quality (Chamber of Commerce or ID copy, some of these may require official translations).

• Assignment Deed

If the applicant is not the inventor, it is necessary to provide a scanned copy of the Assignment Deed in Spanish; legalisation is not required. It may be provided within two months from the date of the Colombian national phase entry (extendable for two more months).

• Substantive examination request

The request for substantive examination of the Colombian patent application based on the PCT must be made within six months from the publication of the application. Acceleration under PPH is possible.

• Grace period

If the disclosure of the information on the invention has been made by the applicant, inventor/assignee, or a third party who has obtained information from the applicant, inventor or assignee and national offices within 12 months before the international filing date or, if priority is claimed, before the priority date, it must not disprove the novelty of the Colombian national phase patent application.

• Grant and patent maintenance

No official grant fee is stipulated. After the patent grant, the first maintenance fee must be paid before the last day of the month in which the International Application has been filed. Late payment is possible within a 6-month grace period provided that the surcharge is paid. Exceeded this time, without payment of the maintenance, the patent will be declared in abandonment.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform the PCT national phase entry in Colombia through a Colombian attorney at law.

•  Note

Online Database for Colombian Patent Search.

The above information was verified by ARAMBURO RESTREPO ABOGADOS on 26.02.2024
Please contact us if the above information is not in conformity with the Colombian IP Laws.