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The patent law in Bogotá, Colombia, like those in many other jurisdictions, provides innovative inventors with exclusive rights to commercially exploit their inventions for a specified period. These rights usually last for twenty years after the patent application is filed. Colombia's patent law is currently based on the Decision 486 of the Common Regime on Industrial Property, established by the Andean Community of which Colombia is a member.
Understanding and navigating the intricacies of patent law can be challenging. People often require legal help in this field when they need to file a patent application, ensure their invention is indeed patentable, enforce their rights against possible infringers, negotiate licensing agreements, or when they are accused of infringing on someone else's patent rights. Having a skilled lawyer can help prevent costly legal missteps and ensure the protection of your rights and interests.
In Bogotá, and Colombia generally, patents are governed by Decision 486 of the Andean Community, which stipulates that for an invention to be patentable, it must meet the criteria of novelty, inventive step, and industrial applicability. Additionally, the claiming party must disclose the invention in a way sufficiently clear for an expert in the field to reproduce it. It should be noted that some items are ineligible for patent protection including plants, animals, body parts, therapeutic methods, and purely conceptual ideas.
The patent application process in Colombia can take approximately 4 to 6 years depending on the complexity of the invention and examination backlog at the Directorate of National Copyrights.
Yes, patent rights are territorial. This means that if you want to secure protection in Colombia, you must apply to the Colombian patent office, even if the patent is registered in another country.
Yes, patent rights can be sold or licensed to third parties. These transactions must be recorded in the Colombian patent registry to be enforceable against third parties.
If your patent rights are infringed, your lawyer can help you take legal action to stop the infringer and potentially recover damage-related compensation.
Software as such cannot be patented in Colombia. However, a computer-related invention that involves software may be patentable if it also involves a hardware component and meets the requirements of novelty, inventive step, and industrial applicability.
The Colombian government provides several resources for those interested in patent law. The Superintendence of Industry and Commerce and the National Copyright Directorate are two key authorities dealing with patent matters in Colombia. You may also want to consult the official website of the Andean Community where the Decision 486 is available.
If you believe that you need legal assistance in the field of patent law in Bogotá, Colombia, your next step should be to contact a lawyer specialized in this field. A legal professional will be best equipped to explain the applicability of the laws to your specific situation, assist you in filing patent applications or defending your rights in a dispute.
