Granting a patent for citizens in countries like Brazil and
Argentina may take between five and eight years. However, in
Colombia, it takes only two to three years to hear back. One of the
factors that has made this possible has been the implementation of
a rapid process for studying patents, the Patent Prosecution
Highway (PPH). Along these lines, the Superintendence of Commerce
and Industry (SIC) and the Korean Intellectual property Office
(KIPO) recently signed an accord that establishes a pilot program
for the PPH. This program began several years ago in countries such
as the United States and Spain. South Korea is now part of the
The South Korean market is looking better to Colombian
entrepreneurs. It is the 12th largest economy in the world.
Colombia is already a significant trading partner, with more than
$600,000,000 (six hundred million dollars) in annual exports and
more than $1,400,000,000 (1.4 billion dollars) in annual imports.
These figures reflect the importance of being a part of this
market, and the PPH is a factor that will help this to occur.
This agreement is extremely important for Colombia. Some of the
benefits that this agreement hopes to gain are: facilitating the
exchange of information, promoting sharing of work between patent
offices, and allowing applicants from both countries to obtain a
rapid response for patent requests.
Therefore, if a patent was applied for and granted in Colombia,
and the same patent is being evaluated in South Korea, the
applicant now has the right to request that the KIPO takes the
search for and results of the patent application that the SIC
previously processed into account.
This is the fourth such agreement that the SIC has signed with
other patent offices internationally. In addition, there is hope
that, as a result of the Pacific Alliance agreement, the four
countries included (Colombia, Chile, Peru, and Mexico) can direct
their efforts towards gaining approval for rapid patent studies in
the medium term.
As a result of the swift patent granting process in Colombia,
other countries in this region, Europe and Asia are regarding
Colombia as an "office" where they can present their
patent application without as many roadblocks as are typically
found in other parts of the world.
It is necessary that both national and international companies
who are engaging in transactions of this nature gain counsel from
professionals with experience in this realm. This will ensure that
they take into account all of the necessary details and can carry
out this process in a clean and clear manner. It is important to
recognize that Colombia is becoming an attractive market,
especially in the area of patents. The feeling is that here in
Colombia, a company has more security, agility, and other
concessions in these kinds of transactions compared to other
Although there is not an exact figure, according to sources in
the SIC, this year has seen the greatest number of patent
applications ever in Colombia, most of them from foreigners.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Decree Number 8,772 of May 11 2016 regulates Law Number 13,123 of May 20 2015, known as the Biodiversity Law, which provides for access to GH, protection and access to ATK...
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