Fees associated with filing industrial design application in Colombia as well as other design fees are available in the fee calculator.
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The term for filing of a design application in Colombia
The term for filing design applications claiming conventional priority in Colombia is 6 months from the priority date.
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Multiple design application
Multiple design applications are not possible in Colombia.
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Minimum filing requirements in Colombia
Minimum filing requirements for a design application in Colombia are:
- identification of the applicant(s) and/or the designer(s) along with their addresses and nationality;
- specification or sample of the design with 7 views, its photograph or graphical representation. In the case of three-dimensional designs, it is necessary to submit the side, upper, lower, frontal, rear and perspective views;
- proof of payment of the official fee.
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Power of Attorney requirements
A scanned copy of the executed Power of Attorney is enough for filing in Colombia. Legalisation or notarisation is not required. However, infringement or nullity actions require a new, duly legalised POA, however, it can be sent by mail from the grantor’s official email with proof of its quality (Chamber of Commerce or ID copy, some of these may require official translations). If the POA is not filed with the application, the Colombian Patent Office will issue a formal Office Action, requesting the applicant to file it within a 30-working-days deadline (extendable for 30 additional working days). Not filing of the POA within this term will lead to the abandonment of the application.
It is necessary to provide a scanned copy of the priority document's certified copy officially translated into Spanish within nine months following the priority date.
If the applicant is not the creator of an industrial design, a scanned copy of the executed, non-legalized Assignment Deed in Spanish must be provided to the Office. If Assignment Deed is not filed with the application, the Colombian Patent Office will issue a formal Office Action, requesting the applicant to file it within a 30-working-days deadline (extendable for 30 additional working days). Not filing of the Assignment within this term will lead to the abandonment of the application.
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Examination of a design application in Colombia
It is not necessary to request an examination of the industrial design in Colombia. If a third party does not file an opposition against the design during 30 working days from its publication, the Colombian Patent Office will not perform a novelty search.
If the disclosure of the information on the industrial design has been made by the applicant, inventor, assignee or a third party who have obtained information from the applicant, inventor, assignee or national offices 6 months before the filing date or, if priority is claimed before the priority date it will not disprove the novelty of a Colombian design application.
The validity term of an industrial design registration in Colombia is ten years from the date of filing. This term is not renewable and, after expiring, the design becomes public domain.
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Grant and patent maintenance
There is neither official grant fee nor annual fees for an industrial design in Colombia.
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Representation by a patent attorney
For foreign applicants, it is necessary to perform the design prosecution in Colombia through a Colombian attorney at law.
The particular appearance of a product that results from any arrangement of lines or combination of colours, or any two-dimensional or three-dimensional outward shape, line, outline, form, texture, or material, without the intended use or purpose of the said product being thereby changed are registrable as an industrial design in Colombia.
Online Database for Colombian Design Search.
The above information was verified by ARAMBURO RESTREPO ABOGADOS on 06.02.2023
Please contact us if the above information is not in conformity with the Colombian IP Laws.