Every invention should deserve protection, the answer to this protection is a patent. A patent is seen as the legal protection of an invention and provides the exclusive rights to use this invention. As an Intellectual Property Law firm we strive for the preservation of IP assets.
When an exclusive right is granted to the owner of an invention, it provides the rights to use, to exploit and to prevent third parties from using these rights without the consent of the owner. The owner possesses the exclusive rights to prevent others from commercially exploiting the protected invention for a limited period of time.
An invention is only recognized and can be patented when it includes a technological advance and includes something new, the novelty requirement. But whether your invention is a product or a process, in all areas of technology, a patent application can be filed. From big breakthroughs in technology through small technological changes, but the invention requires to be exploitable on the market.
The legal protection provides the possibility for economic gain, this is in fact the incentive of a patent. Many times it is wrong to think that patents apply only to processes, products and complex chemical compounds, or only are applied in big industries. In general any technological improvement in everyday products, from a corkscrew or a lighting device to a complex drug, can be patented. Besides patents encourage creativity and development.
Currently Latin America is reaching over 50.000 annual patent applications. This increasingly giving importance to the protection of its innovative industries through the systems for Intellectual Property protection.
The Colombian SIC made it rather easy to patent your invention in Colombia. Some steps you should take in account when applying for a patent.
1. First of all, what does a patent protect?
A patent serves to protect a technical invention. These technical inventions can be a Patent of Invention patent or a Patent for a Utility Model. The latter meaning an invention that permits a better, different functioning or an advantage, improvement in regard to an older patented invention. Sometimes referred as an ‘innovation patent’. The Models of Utility makes “minor” improvements to, and adaptations of, existing products.
Inventions consisting of products, procedures, methods of manufacturing machinery are protected.
2. Make sure your invention isn’t excluded from patentability.
Things discovered in nature can’t be considered as inventions nor do scientifically theories. Plants, animals or biological processes can’t be patented. Neither can be patented therapeutic methods, surgical, financial or business methods, the use of existing products (proprietary or not), works of artistic, literary type, scientist, or computer programs as such.
3. Do research about previous similar inventions and the technical state of the invention.
4. Verify that your invention fulfills all the 3 requirements of patentability. It should include a novelty, technological breakthrough or changes, and should be industrial applicable.
5. A technical document should been made up about the invention that you want to patent.
The document should include a complete and clear description of the invention.
Including all the technical novelties of the invention wherefor protection is requested. Drawings of the invention are required for a better comprehension of the invention. The document should be finished with an overview of the technical problem and the solution provided by the invention in an easy understandable way.
6. Now you are ready for applying for a patent with the superintendence of industry and commerce. This can be done electronically or physically.
7. From this step on you should be aware of the processing of the patent application.
This includes formal and technical requirements of the presentation of the patent and other norms and deadlines. For example the publication in the SIC’s newspaper, paying the official fees, etc.
For example the publication in the SIC’s newspaper, paying the official fees, etc.
These simple steps may sound not that simple. That is why there are companies like ours who help you to go through all these simple steps and make the application process an ease for you. We manage patent applications in all areas, from chemical to mechanical patents.
Patents allow a business to gain significant heads-up (a 20 years heads up on most countries) in the exploitation of inventions before being subject to regular market competition. Latin America is a region that is increasingly giving importance to the protection of its innovative industries through the systems for Intellectual Property protection. Our firm is increasingly extending its services portfolio on Consulting Services, which include services such as the creation of IP Dashboards (for measuring the relative value of IP assets over time), the design of strategies for IP Management and accurate valuation of IP assets.
Encourage economic and technological development by rewarding intellectual creativity.