A patent is a set of exclusive rights granted by a
State to the inventor of a new product or
technology, which can be commercially
exploited for a limited period of time, in
exchange for the disclosure of the invention.
Grant an exclusive right
and exploitation
for 20 years
non-extendable
It has a negative character,
prevents exploitation from third
parties
It has an economic value
Can yield
Can be licensed
The license can be:
exclusive, non-exclusive,
mandatory and full-fledged
It is regulated by:
International level: ADPIC, C
union paris, Washington
Co-operation Treaty.
European
level: munich
agreement
and
luxembourg
convention.
Spanish
level:
patent law
11/1986
They have three
requirements
Formal: refer to the request
Objectives, these
are divided into two.
Positive
Executable industrial invention:
must have industrial application
Inventive activity
Novelty
Negative
Inventions in which your
patent concession is
prohibited
Subjective, the inventor has a
patent right and a holder
Causes for annulment
of a patent
Judicially declared, retroactive effects, lack of
formal requirements, insufficient description,
when the holder has no right to request it.
Expiration of a patent
The patent was granted
validly but the term of
validity expires
No retroactive effects
JHAN MARTÍNEZ
The regulatory body of Colombia in
charge of Patents is the Superintendence
of Industry and Commerce.
To register a patent you must:
1. Download and fill out the
Unique Patent Application
Form PI02 - F01. 2. Make the
corresponding payment for
this procedure. 3. Attach the
following documents: 3.1
Summary of the innovation.
3.2 One or more claims that
specify the subject for which
protection is requested. 3.3
Description of the invention.
3.4 Figures or drawings if
necessary. 3.5 Proof of
payment.
The invention patent
application costs 540
thousand. And the utility
model, 317 thousand. We
must add 452 thousand
of the patentability test.
There are 75 percent
discounts for students,
universities and
microenterprises.