PCT Applicant's Guide Colombia - Valid as from 15 Sep 2023

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 15 September 2023

(published on 5 November 2024)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.
RO: Languages, Electronic filing

Consult the full list of the changes

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Superintendence of Industry and Commerce (Colombia)

CAN Decision 486: Decision 486 of the Commission of the Andean Community

CCo: Code of Commerce

CPC: Civil Procedure Code

List of currencies used in this document:

CHF (Swiss franc), COP (Colombian peso)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Rule 26bis.3(j), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Colombia

Two-letter code:

Name of Office:

Superintendence of Industry and Commerce (Colombia)

Location:

Cra. 13 No. 27-00 Piso 1, 3, 5, 10
Bogotá
D. C.
Colombia

Mailing address:

Same as above

Telephone:

(57-1) 587 00 00

E-mail:

general enquiries
dirnuecreaciones@sic.gov.co

enquiries concerning ePCT
ePCT@sic.gov.co

Website:

http://www.sic.gov.co

Facsimile:

(57-1) 587 02 84

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

provided that the delivery service is:
DHL
DEPRISA
4-72

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

CO,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Utility models (a utility model may be sought instead of a patent)

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Colombia

Language in which international applications may be filed:

Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3).

Spanish

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

Spanish

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via ePCT-Filing

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 19 November 2015, pages 184 et seq.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Competent International Searching Authority:

AT,

BR,

CL,

EP,

ES,

KR,

Competent International Preliminary Examining Authority:

AT,

BR,

ES,

KR,

The Office is competent only if the international search is or has been carried out by that Office.

The Office is competent only if the international search is or has been carried out by that Office, by the Austrian Patent Office or by the Spanish Patent and Trademark Office.

Fees payable to the RO:

Transmittal fee:

electronic filing 419,640 COP

paper filing 503,470 COP

International filing fee:

Equivalent in COP of 1,330 CHF

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

Equivalent in COP of 15 CHF

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

Equivalent in COP of 200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

Equivalent in COP of 300 CHF

Search fee:

Refer to
Annex D(AT)
Annex D(BR)
Annex D(CL)
Annex D(EP)
Annex D(ES)
Annex D(KR)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

Please refer to the Office.

Is an agent required by the receiving Office?

No, if the applicant resides in Colombia
Yes, if the applicant is a non-resident

Who can act as agent?

Any attorney registered in Colombia

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3):
31 months from the priority date
Under PCT Article 39(1)(b):
31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1). The Office or the agent should be consulted for the latest applicable fee amount

Spanish

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1). The Office or the agent should be consulted for the latest applicable fee amount

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

A copy is required only if the applicant expressly requests early commencement of the national phase at a time when the Office has not been sent a copy of the international application from the International Bureau under PCT Article 20.

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1). The Office or the agent should be consulted for the latest applicable fee amount

Patents

Filing fee

online 84,840 COP

on paper 105,160 COP

Annual fees:

— for the 1^st to the 4^th year

online, per year 279,420 COP

on paper, per year 335,820 COP

Applicable in case of late payment within a grace period of six months from the due date (refer to Procedure, paragraph CO.09):

— for the 1^st to the 4^th year

online, per year 415,580 COP

on paper, per year 498,390 COP

Utility models

Filing fee

online 75,190 COP

on paper 92,460 COP

Exemptions, reductions or refunds of fees:

Please refer to the Office for details

Certain fees are reduced where the applicant is a national of Colombia

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)

Instrument of assignment of the international application if the applicant has changed after the international filing date

Appointment of an agent if the applicant is not resident in Colombia

Who can act as agent?

Any attorney registered in Colombia

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

The procedure in the national Phase

CO.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

CO.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CO.I.

CO.03 REPRESENTATION

CCo Art. 543, CPC Art. 63, CPC Art. 67
If the applicant is not resident in Colombia, an agent must be appointed by filing a simple power of attorney. Any attorney registered in Colombia may act as agent.

CO.04 COPIES OF ACCESS CONTRACTS

CAN Decision 486, Art. 26(h)
Where the products or processes for which a patent is sought are obtained or developed from genetic materials or from their derivatives, the origin of which is one of the Member States of the Andean Pact, a copy of the access contract must be furnished. If this requirement is not fulfilled, the Office will invite the applicant to comply with it within a period of two months following the date of notification; this period may be extended once, upon request, for an equal length of time.

CO.05 COPIES OF LICENSES OR AUTHORIZATIONS TO USE TRADITIONAL KNOWLEDGE

CAN Decision 486, Art. 26(i)
Where the products or procedures for which protection is sought are obtained or developed from traditional knowledge the origin of which is one of the Member States of the Andean Pact, a copy of the document licensing or authorizing use of traditional knowledge of indigenous, African American or local communities of the Member States of the Andean Pact must be furnished. If this requirement is not fulfilled, the Office will invite the applicant to comply with it within a period of two months following the date of notification; this period may be extended once, upon request, for an equal length of time.

CO.06 DEPOSIT OF BIOLOGICAL MATERIAL

CAN Decision 486, Art. 26(j), Art. 29
Where the invention refers to a product or a process involving biological material and the invention cannot be understood and carried out, as described, by a person skilled in the art, a certificate of deposit of the biological material must be furnished.

CO.07 EXAMINATION

CAN Decision 486, Art. 44
A patent will be granted only after examination as to substance, which must be specifically requested by the applicant within six months after publication of the application by the Office, and is subject to payment of a fee (for utility models, refer to paragraph CO.12). Evidence that payment has been effected must accompany the request for examination (refer to Annex CO.I). If that time limit expires without the applicant having requested examination, the application shall be considered to have been abandoned.

CO.08 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, CAN Decision 486, Art. 34
The applicant may, at any time during the processing, request the modification of the application, provided that the scope of the subject matter of the application is not broadened thereby.

CO.09 ANNUAL FEES

CAN Decision 486, Art. 80
After a patent has been granted, annual fees shall be paid in advance in order to keep the patent in force. The deadline for the payment of each annual fee shall be the last day of the month containing the anniversary of the international filing date. Two or more annual fees may be paid in advance. Annual fees may be paid within a grace period of six months after the starting date of the corresponding annual period, together with the prescribed surcharge. The patent shall remain in force during the grace period. Failure to pay an annual fee shall result in the lapsing of the patent.

CO.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS

CAN Decision 486, Art. 39
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. If the applicant fails to comply with the applicable requirements prescribed by the national law upon entry into national phase, the Office will invite the applicant to comply within a period of two months following the date of notification; this period may be extended once, upon request, for an equal length of time.

CO.11 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denied an error or omission on the part of the receiving Office, an appeal against this decision may be lodged with the Office within a period of two months following the date of notification.

CO.12 UTILITY MODEL

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes to obtain a utility model patent instead of a patent on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office. Examination must be requested within three months after publication of the application by the Office, and is subject to the payment of a fee (refer to Annex CO.I).

Annexes

Annex CO.I - Fees

The amount in parentheses is applicable in case of late payment within a grace period of six months from the due date (refer to paragraph CO.09)

Patents

Filing fee

Online 84,840 COP

On paper 105,160 COP

Fee for requesting examination, where an international search report has been established

Online 1,151,240 COP

On paper 1,380,880 COP

Fee for extension of time limits or additional time limit

Online 144,790 COP

On paper 177,300 COP

Fee for amendment or correction of application

None

Fee for filing an opposition

Online 443,020 COP

On paper 531,420 COP

Annual fees:

— for the 1^st to the 4^th year

Online, per year 279,420 COP

(Online, per year 415,580 COP)

On paper, per year 335,820 COP

(On paper, per year 498,390 COP)

— for the 5^th to the 8^th year

Online, per year 434,890 COP

(Online, per year 578,160 COP)

On paper, per year 521,250 COP

(On paper, per year 694,500 COP)

— for the 9^th to the 12^th year

Online, per year 651,320 COP

(Online, per year 868,250 COP)

On paper, per year 782,390 COP

(On paper, per year 1,042,510 COP)

— for the 13^th to the 16^th year

Online, per year 1,010,510 COP

(Online, per year 1,336,170 COP)

On paper, per year 1,212,200 COP

(On paper, per year 1,603,910 COP)

— for the 17^th to the 20^th year

Online, per year 1,342,770 COP

(Online, per year 1,790,870 COP)

On paper, per year 1,611,530 COP

(On paper, per year 2,147,010 COP)

Utility models

Filing fee

Online 75,190 COP

On paper 92,460 COP

Fee for requesting examination, where an international search report has been established

Online 606,610 COP

On paper 653,860 COP

Fee for extension of time limits or additional time limit

Online 144,790 COP

On paper 177,300 COP

Fee for amendment or correction of application

None

Fee for filing an opposition

Online 443,020 COP

On paper 531,420 COP

Annual fees

Online, per year 259,100 COP

On paper, per year 314,990 COP

— surcharge for late payment during grace period

Online 348,520 COP

On paper 416,600 COP

The complete list of national fees for the Office is in Resolución 35585 of July 2021. These fees will be re-calculated on an annual basis according to the rate of inflation applicable to the year they will be in force

How can payment of fees be effected?

All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid

The payment of fees must be effected in Colombian pesos in cash, by check, bank giro or bank transfer to:

bank account No.
062754387

at Banco Bogotá
Sucursal Bogotá

Name of account
D.T.N. Recaudo Superintendencia de Industria y Comercio
Recaudo Nacional
Código Rentístico 01

Forms

Please refer to the Office.

Processing

WIPO - PCT Applicant's Guide CO - Colombia
Superintendence of Industry and Commerce (Colombia)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide CO - Colombia Superintendence of Industry and Commerce (Colombia)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide CO - Colombia
Superintendence of Industry and Commerce (Colombia)