PCT NATIONAL PHASE ENTRY
Colombia

Colombia has been a Contracting Party to the Paris Convention since September 03, 1996, and a Contracting Party to the Patent Cooperation Treaty (PCT) since February 28, 2001. Additionally, it is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures. Colombia is also a member of the Andean Community of Intellectual Property (CAN). Prior to a 2012 reform, Colombia did not have specialized courts for patent infringement. However, the July 2012 reform granted the Colombian Patent Office (CPO) the authority to handle infringement cases through a dedicated Judicial Division. Recent legislative changes, highlighted in the IAM Patent Litigation Review, are anticipated to positively affect patent invalidity actions.

The deadline for entering the Colombian national phase of a PCT application is 31 months from the priority date.

If the international application was filed in English (or another language), a Spanish translation must be submitted to enter the Colombian national phase within 31 months from the priority date.

The term for filing the national phase application in Colombia at their respective patent office can be restored under certain circumstances.

The essential documents required for filing a national phase application in Colombia are as follows:

• Power of Attorney: The Power of Attorney should be submitted within 31 months from the priority date. If not, it may be provided within two months of receiving a request from the Office. In Colombia, a scanned copy of the executed Power of Attorney is sufficient, and legalisation is not required for patent registration procedures.
• Assignment Deed: If the applicant is not the inventor, a scanned copy of the Assignment Deed in Spanish must be provided. Legalisation is not required. The document can be submitted within two months from the date of entry into the Colombian national phase.

Certain fees are reduced for patent applications in Colombia if the applicant is a Colombian nationality.

The request for substantive examination of a Colombian patent application must be submitted within six months from the publication of the application.

After the patent is granted, the renewal fee must be paid each year from the International filing date. Late payment is permitted within a 6-month grace period, subject to the payment of a surcharge.

In Colombia, the patent term is 20 years from the application filing date or the international filing date for National Phases.

In the GII 2024, Colombia proudly ranks 61st among 133 global economies, marking a solid position on the international innovation landscape. Within the elite group of 34 upper-middle-income nations, it stands impressively at 14th. In the dynamic region of Latin America and the Caribbean, Colombia shines in 4th place out of 20 economies, showcasing its regional leadership. Furthermore, it leaps forward to 62nd place in innovation outputs, reflecting significant progress over the past year. Colombia excels in several key innovation areas, including intellectual property payments as a percentage of total trade (ranked 11th), high-tech imports as a share of total trade (ranked 15th), and GDP per unit of energy use (ranked 16th). Beyond these remarkable achievements, Colombia outperforms the average in critical categories such as Institutions, Infrastructure, Market Sophistication, Business Sophistication, Knowledge and Technology Outputs, and Creative Outputs, further solidifying its standing as a rising global innovation powerhouse.

Colombia is known for its rich cultural diversity, vibrant music and dance traditions like cumbia and vallenato, and stunning natural landscapes ranging from the Amazon rainforest to the Andes mountains and Caribbean beaches. It is the world's leading producer of emeralds and a top exporter of high-quality coffee. Colombia has a complex history shaped by Spanish colonization, internal conflict, and recent peace efforts with guerrilla groups. Its economy is driven by oil, mining, agriculture, and a growing tourism sector. Major cities like Bogotá, Medellín, and Cartagena serve as cultural and economic hubs.