Since 2012 the Colombia Patent Office has been implementing
agreements with several Industrial Property Offices destined to
achieve application of the Patent Prosecution Highway (PPH). Hence
on September 1, 2012 it started the pilot program with the United
States Patent and Trademark Office (USPTO), on November 1, 2013
with the Spanish Patent and Trademark Office (SPTO) and on
September 1, 2014 it launched the pilot program with the Japan
Patent Office (JPO).
During 2016 it has entered into agreements with the Korean
Intellectual Property Office (KIPO), effective since February 1st
and the latest with the European Patent Office (EPO) which began on
the second semester of 2016.
The requirements established by the Colombian Patent Office for
purposes of recognizing patentability examinations conducted by any
of the aforesaid Industrial Property Offices are for the Colombian
application to claim priority from a prior application filed before
any office implementing the fast track procedure and also for the
application under examination to correspond with the Colombian
application. Likewise, it is necessary to submit a copy of the
decision establishing the patentability of the application first
examined, a copy of the patentable claims, recitals, information or
documents cited by the Examiner for the first examined application
and a table showing the correspondence between claims.
The Colombian Patent Office allows, in the event of lacking
sufficient correspondence between the claims, that is, if despite
taking into consideration any differences that may exist due to
translation and formal requirements in each country, the claims are
considered not to be sufficiently corresponding, the possibility of
amending such claims. If in spite of the above, the Colombian
Patent Office holds the filed claims to fall under any cause of
unpatentability or considers the same to fail to meet patentability
requirements, it will proceed to conduct its own patentability
study and the acceptance of the examination completed in the
prosecution of the first application will be held unacceptable.
The recognition of these examinations by the Colombian Patent
Office has resulted in expedited issuance of decisions, thus
proving to be a useful cooperation mechanism. This has led to
further advances in this matter and beginning on the second
semester of 2016 the Colombian Patent Office has also started PPH
implementation on regional level patents, which relates to the
benefit enjoyed by applicants submitting patent applications in any
of the Pacific Alliance countries (Mexico, Chile, Peru and
Colombia) for purpose of achieving recognition of patentability
examination conducted by any Industrial Property Office from said
countries. The trial period for this Program will end in the second
semester of 2018 and it may be extended until each Industrial
Property Office of Mexico, Chile, Peru and Colombia receives enough
number of PPH applications for purposes of adequately assessing the
feasibility of the program.
¡Ven a vernos a la Conferencia Anual de INTA 2017 en Barcelona!
Nuestros expertos de América Latina, España y Portugal estarán encantados de reunirse con vosotros para tratar cualquier asunto relacionado con la gestión de la cartera de Propiedad Industrial e Intelectual.
Nos encontraréis en el Hotel Santos Porta Fira desde el domingo 21 de mayo hasta el martes 23 de mayo en la sala Europa ubicada en la planta 24th. Estamos a 5 minutos del Recinto Ferial Fira Gran Vía.
El 27 de diciembre de 2016, fue publicado en el Diario Oficial de la Federación un Acuerdo que modifica lineamientos para el uso del Portal de Pagos y Servicios Electrónicos (PASE) del Instituto Mexicano de la Propiedad Industrial (IMPI), en trámites de solicitudes de marca y aviso comercial.
Recently the Nice International Classification of Products and Services, a system used to categorize trademark applications, has been updated once again, with the entry into force of the 11th Edition on January 1, 2017.
Under the Mexican Trademark Law there is no obligation to use a trademark until renewal time is reached in the 10th year as of the filing date of the registration to be renewed and when filing the application for renewal it is only necessary to declare under oath that the mark has been used during a term of the last three years.
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