TerraLex Cross Border Patent Guide

The TerraLex Cross-Border Patent Guide is an essential resource for navigating patent laws globally, offering TerraLex members and clients comparative insights into the legislative frameworks of different jurisdictions. It addresses key areas such as patent legislation, protection rights, ownership issues, infringement and remedies, and anticipated legal developments, providing a comprehensive overview for protecting innovations internationally.

 

How to Use: You can use the tools below to create bespoke reports for the jurisdiction(s) and topic(s) covered. Click into single jurisdiction for one location or use the compare tool to compare multiple jurisdictions. Select the jurisdictions and topics of interest to create your unique report. You also have the option to print or download using the ellipsis button in the top right corner.

 

Colombia TerraLex Cross Border Patent Guide Guide

Date posted:
23/01/2025

Legislation and regulation

What are the main sources of patent law?

Does your jurisdiction provide for any specific regulations for employee inventions?

Subsistence of patent law

What kind of inventions can be protected by patent law?

What is not protectable under patent law?

Are software-related inventions patentable?

Are AI-generated inventions patentable?

What is required in the application and what is the process (including required documents for filing)?

What is the normal time period until the first patent examination and until the patent issuance?

Is there any Patent Prosecution Highway program to fast track patent examination?

How often and much are the (maintenance) fees payable?

What is required for inventions to qualify for patent law protection?

What rights does patent law grant to the patent owner?

What rights does patent law grant to the inventor?

What is the duration of a patent registration?

Does patent law comprise a Special Protection Certificate? If so, how does protection arise and what is the protection duration?

Ownership

Who is the first owner of patents?

Can patents be jointly owned? If so, what are the rights of a co-owner?

What steps should one take to validly transfer, assign, or license patents? Are there any specific/formal requirements applicable?

Infringement

What acts constitute direct infringement of patent rights?

What acts constitute indirect infringement of patent rights?

What conduct constitutes equivalent infringement of patent rights?

What conduct is permitted with respect to patent rights?

Remedies

What remedies are available against a patent right infringer?

What remedies are available against registered, but not patentable patents? Against registered but invalidated patents?

Are infringement and patent validity decided in the same proceedings?

Is there any preliminary injunction proceeding provided? If so, what are the prerequisites, the differences in the proceedings and the usual duration of such proceedings?

Under what circumstances is patent right infringement a criminal act and what sanctions may apply?

How are damages for patent infringements calculated (calculation methods)? Is there any personal liability applicable?

Is there a time limit for bringing a patent right infringement claim?

What are the estimated legal costs? Can legal (or any other) costs be recovered in an action for patent right infringement? If so, what percentage of costs will typically be recovered by the successful party?

How long do patent proceedings take?

Does the law provide for any border seizure procedure?

Patent law reform

What do you consider to be the top two recent patent law developments?

What do you consider will be the top two patent law developments in the next year?

Is there a filing fee?

Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.