Patent filing in Colombia:

Building a strong patent portfolio starts with your filing strategy. For patent filing in Colombia, you need to know the local patent office requirements. This guide will take you through all filing requirements and important stats in Colombia.

When conducting a PCT national phase patent filing in Colombia, you are required to submit the following documents:

• International Application.
• Spanish translation of the International Application (Abstract, specification and claims).
• Drawings (if these exist and are necessary for support, you must submit them with filing given you will not be able to submit them later).
• Certificate of Deposit for biological material (if applicable).
• Sequence Listings (if applicable).
• Amendments made under Art. 19 or 34, and corresponding Spanish translations.
• Power of Attorney. – NOT MANDATORY FOR FILING BUT HIGHLY RECOMMENDED TO AVOID FORMAL OFFICE ACTION.

For direct filings only:

• Final Specification document (Abstract, specification and claims), and Spanish translation thereof.
• Drawings (if these exist and are necessary for support, you must submit them with filing given you will not be able to submit them later).
• Applicant’s full particulars (name, address).
• Inventor’s full particulars (name, address)
• A certified copy of the Priority Document is required three (3) months after filing. A simple Spanish translation thereof is also required.
• A simple copy of the Assignment Document is required three (3) months after filing. A simple Spanish translation thereof is also required.

When patent filing in Colombia, a Spanish translation is mandatory upon filing.

For direct filings, a simple Spanish translation of priority documents and assignments must be filed three (3) months after filing.

PCT: 31 months from first priority.
National phase entry: Restoration of rights is possible (PCT Art. 22).
Paris Convention: 12 months.

No patent grant fees are required.

The patent term is 20 years from the PCT international filing date. For direct filings, the patent term is 20 years from the Colombian filing date.

After filing a patent application, an examination must be requested to decide whether the application meets the requirements to be granted a patent. In Colombia, an examination must be requested within 6 months from the publication of the application.

PPH is available in Colombia through the following agreements:

• Latin America (PROSUR)
• United States (USPTO)
• Japan (JPO)
• South Korea (KIPO)
• Spain (OEPM)
• Europe (EPO)
• Colombia, Mexico, Peru, and Chile (ALIANZA DEL PACIFICO).
• Global Patent Prosecution Highway (GPPH)

The first annuity payment is due on the last day of the month of the international filing date, after the patent grant. Two or more annuity fees may be paid in advance. Annuity fees may be paid within a 6-month grace period after the starting date of the corresponding annuity period, including a surcharge. The patent shall remain in force during the grace period. To maintain your patent, annuities must be paid every year. Otherwise, your patent will result in abandonment.

For patent filing in Colombia, you must address the local office: Colombia’s patent office is the Superintendence of Industry and Commerce (SIC).

Their website is:

Link: www.sic.gov.co

The Colombian Patent Office does not accept the restoration of priority rights (PCT Rule 49ter.2), despite the fact WIPO might have accepted a priority right reinstatement.

Colombia experienced a sharp -33.7% decline in total patent applications in 2023, falling to 4,024 filings. This drop was driven by a dramatic -75.9% decrease in resident filings, which fell to just 266 applications after an anomalous surge in 2022. Non-resident filings also dipped by 9.4%, primarily due to a decline in PCT applications. The drop in both domestic and foreign filings raises concerns about Colombia’s innovation landscape and its attractiveness as a patent jurisdiction.

The United States remained the top foreign filer in Colombia with 724 applications, though it saw a 6.2% decline from 2022. Switzerland and Germany also recorded modest declines, while Sweden saw a sharp drop of -20.6%. India, which had increased filings in recent years, saw a notable decrease from 84 to 67 applications. Notably, China dropped out of Colombia’s top seven filers, reflecting a broader trend of declining Chinese filings across Latin America in 2023.