Summary

            FORMALITIES AND PROCEDURE FOR FILING AN INDUSTRIAL DESIGN

               The procedures in the patent office after the filing of the industrial design application comprise the following steps:

                   -A first examination within the fifteen working days following its filing, for the purpose of determining whether or not it complies with the filing requirements

                   -When from the examination it appears that the application does not meet the requirements, the patent office shall state its observations, so that the applicant may submit its explanation thereof or complete the background documents within the term of thirty working days following the date of service. Such term may be extended once and for an identical period, without losing its priority right.

                   -Within the eighteen months following the filing date of the application, and once the requirements have been met, the Patent Office publishes in the gazette of the industrial property an abstract of the application.

                   -In the thirty working days following the publication date, an interested third party may file an opposition against the application before the Patent Office.

                   -At this time the applicant has thirty working days to assert his allegations. Such term may be extended once and for an identical period.

                   -Then the patent office proceed with the final examination. If the final examination results favorable, the application shall be granted.

The protection time of an industrial design in Colombia is 10 years.

Requirements

  FILING A DESIGN IN COLOMBIA

The requirements to file a design patent application in Colombia

1.  A complete identification of the applicant(s) and the designer(s) (name, nationality, address and legal representative for corporations).

2.  The name of the design

3.  Graphic or photographic representation of the design.  If it is a bidimensional design incorporated in a flat material, representation could be substituted by a sample of the product that incorporates the design.  A three-dimensional design should have several views.

4.  Priority documents if it is claimed. (The applicant has 6 months to claim priority since first application).

5.  Assignment of patents rights from designer to applicant.

6.  Power of attorney (attached)

7.  Certificate of incorporation of the applicant(s), establishing: (1) the legal existence of the company which grants the Power of Attorney, (2) that it is in actual exercise  of its company purposes, and (3) that the persons who execute the Power of Attorney is authorized to do so. 

If documents 4, 5, 6 and 7 are in a language other than English or Spanish, they have to be officially translated into Spanish and legalized before the Colombian consulate in your country.  If your country is part of the Hague Convention, then an Apostille for each document will be enough.   Please note that without these requirements the documents are not valid in Colombia.  We hardly recommend contacting Colombian consulate for more information.

Documents 7, 8, 9 and h can be presented either in English or in Spanish. If documents are in another language then an official translation will be necessary.

.  As far as the requirements for industrial design applications are concerned, kindly take note that in order to file a industrial design application in Colombia, one has to provide to the Patent Office the following data and documents:

          -The identification of the applicant(s) and/or the designer(s) along with their address and nationality.

          -The title or name of the design

          -One set of formal drawings made in engineering paper sized 22 x 32 cm.

          -A power of attorney duly executed by the applicant, notarized and legalized by the Consul of Colombia.

          -A certified copy of the basic application in case priority is claimed.

          -A designer's assignment duly notarized and legalized by the Consul of Colombia.