6 Important Facts about Patents around the World

February 09, 2018

Every new product and invention can come to benefit a specific consumer target, as well as becoming a great source of income to their creators. For this to happen, it is necessary that such inventors act within the legal framework. If not, other people could take advantage of their effort and commercialize the product for their own benefit. To prevent this, it is crucial to get help from a trademark attorney to obtain patent protection.

Fact 1: There Is More Than One Type of Patent.
If you need to undergo a patent process in Colombia; you consider that there are two kinds of patent protection in this country:

1. Invention Patent: This kind of patent protects a new product, an innovative procedure, or a technical solution to a problem.


2. Utility Model: This grant protects the improvements performed on a tool, instrument, appliance, or device that already exists. To obtain this grant, the modification must prove to surpass earlier iterations by including highly improved functions or new features.

Fact 2: The Patent Holder Has Certain Rights.
The patent holder is the only one that can authorize other people to use his or her invention. This is because an invention cannot be manufactured, produced, used, distributed, or sold without the permission of the patentee, during the valid period of patent protection.

Fact 3: The Patent Holder Has Certain Obligations.
The patent holder must take advantage of his/her invention directly or through an authorized person. Additionally, the patentee must pay a fee called annuity every year. This fee preserves the validity of patent protection. If the annuity fee is not paid on time, the inventor will no longer have exclusive rights over the invention.

Fact 4: Inventors Can Protect a Range of Different Items.
Inventors can patent goods, procedures, manufacturing techniques, and devices. The invention to be patented must be new and original worldwide and needs to be usable in the industrial field. For example, you can patent a cleaning tool or a new formula to create a medication.

The Superintendency of Industry and Commerce (SIC) offers a technological search service to make sure that your invention is unique and original. This search compares the data provided in your search application to the existing patent applications in Colombia and abroad. Next, the SIC gives the applicant the search results, highlighting those that are most similar to the applicant's invention. After a thorough revision of the results, revising them, the inventor will decide to continue with the patent process or not.

Fact 5: Patents are valid in the country where they were granted.
Generally, the exclusive rights over an invention are limited uniquely to the country that grants the patent. However, the World Intellectual Property Organization (WIPO) has the Patent Cooperation Treaty (PCT), which allows inventors to apply for an international patent that protects your invention in 149 countries.

Fact 6: patents are important.
Patents are a way to show inventors acknowledgment and legal protection for their creativity. Also, patents allow patent holders to obtain financial profit. All these benefits promote the creation of new products and procedures looking to improve people's lives.

Patent protection allows creators to reveal technical information related to their invention without the fear of being plagiarized. This published information enriches the common knowledge and could even initiate scientific and technological advances.

To sum up, protecting the outcome of your creativity can generate great benefits for you and your society. If you need legal advice for patent registration, call +57 310 5706331 or fill out the form in our "contact us" section. Our patent specialists are ready to assist you. Subscribe to our newsletter to stay up to date with the latest news in the legal field. Find us on Facebook at AGT Attorneys and follow us on Twitter @AttorneysAGT.