An invention is only worth as much as the right that protects it. If it is shown too early, filed with poorly drafted claims or left to lapse because a deadline was missed, the protection is lost and what was a competitive advantage becomes available to anyone. We are patent attorneys in Colombia: we assess whether your invention is patentable, advise whether you need an invention patent, a utility model, an industrial design or trade secret protection, prepare and file the application before the Superintendence of Industry and Commerce (SIC) and follow the file through to a decision.
What can be patented in Colombia
Patents in Colombia are governed by Decision 486 of the Andean Community, the common industrial property regime Colombia shares with Bolivia, Ecuador and Peru. Under Article 14, patents are granted for inventions, whether products or processes, in all fields of technology, provided they are new, involve an inventive step and are industrially applicable.
Novelty means the invention is not part of the state of the art, that is, everything made available to the public by any means before the filing date. Inventive step means it would not have been obvious to a person skilled in the field. Industrial applicability means it can be produced or used in any productive activity, including services.
Article 15 excludes certain subject matter from the concept of invention, including discoveries, scientific theories, methods for commercial activities and computer programs as such. Software is protected in Colombia by copyright, and a product name or logo is protected as a trademark.
Invention patent or utility model
Not every invention needs a full invention patent. Under Article 81, a utility model protects any new shape, configuration or arrangement of elements of a device, tool, instrument, mechanism or other object that improves or changes how it works, is used or is manufactured, or gives it a utility, advantage or technical effect it did not have before.
The practical difference is term and cost. An invention patent lasts twenty years from the filing date in Colombia (Article 50). A utility model lasts ten years from the filing date (Article 84), with lower official fees and procedural deadlines reduced by half (Article 85). When what sets a product apart is its appearance rather than how it works, the right route is an industrial design registration, which lasts ten years (Article 128).
Protect the invention before you show it
Novelty is lost through disclosure. Article 17 gives the inventor a one-year grace period for disclosures made by the inventor or derived from the inventor before the filing or priority date, but many other countries do not recognise a grace period on the same terms. The safe rule is to file first and show later, and to put a confidentiality agreement in place before any meeting with investors, manufacturers or distributors.
How the patent process works at the SIC
The application is filed before the SIC with the description, claims, drawings where needed and an abstract. Decision 486 then sets three key stages. The application is published eighteen months after the filing or priority date (Article 40). Anyone with a legitimate interest may file an opposition within sixty days of publication (Article 42). And the applicant must request substantive examination within six months of publication, or the application is deemed abandoned (Article 44). Annual fees are due to keep both the pending application and the granted patent in force (Article 80), with a six-month grace period after which the right lapses.
Filing in Colombia from abroad, and abroad from Colombia
There is no worldwide patent. Under Article 9, a first application filed in another country or before a regional or international authority linked to Colombia by a treaty grants a right of priority of twelve months for invention patents and utility models. Foreign applicants can therefore extend their protection to Colombia within that period while keeping their original filing date, and Colombian applicants have the same twelve months to file abroad.
A granted patent, or a pending application, can be assigned or licensed to generate royalties. Under Article 56, an assignment of a granted patent must be recorded before the SIC to have effect against third parties.
What we review before filing
Before any official fee is paid, we review four things: whether and when the invention has been disclosed; the state of the art, because much of what applicants want to patent has already been published somewhere in the world; the right instrument, whether invention patent, utility model, industrial design, trademark or trade secret; and the scope of the claims, which define what is actually protected.
Costs and how we work
The cost has three parts: SIC official fees, professional fees and technical costs such as drawings and translations. Under the 2026 fee schedule set by SIC Resolution 6167 of 30 January 2026, an invention patent filed electronically pays COP 118,000 at filing and COP 1,830,000 for substantive examination; a utility model pays COP 104,500 and COP 1,034,000. Small and medium-sized enterprises that qualify are entitled to a reduction.
You tell us what your invention does and what makes it different, in confidence, and we tell you what can be protected, by which route and what the full procedure will cost, with a payment calendar. With more than 20 years of practice in industrial property before the SIC, we know that the most expensive mistake in patents is not an official fee: it is choosing the wrong instrument or missing a deadline. See also our services in trademark oppositions and appeals and commercial law.
Frequently asked questions
How do I patent a product in Colombia?
An application is filed before the Superintendence of Industry and Commerce with the description, claims, drawings where needed and an abstract, and the filing fee is paid. The application is published after eighteen months, there are sixty days for oppositions and six months from publication to request substantive examination.
How long does a patent last in Colombia?
An invention patent lasts twenty years and a utility model ten years, both counted from the filing date, not from grant. Annual fees must be paid to keep them in force, and they cannot be extended.
Can a foreign company extend its patent to Colombia?
Yes. Within twelve months of the first filing abroad, the applicant can file in Colombia claiming priority and keep the original filing date, under Article 9 of Andean Decision 486.
Can software be patented in Colombia?
Computer programs as such are not considered inventions under Decision 486 and are protected by copyright. A technical invention implemented through software is assessed case by case.
What is the difference between a patent and a utility model?
An invention patent protects a new technical solution with inventive step for twenty years. A utility model protects a new shape, configuration or arrangement that improves how an object works or is used, for ten years, with lower fees and shorter procedural deadlines.
Talk to an attorney
Write to us on WhatsApp before you show your invention and we will tell you what can be protected, by which route and what it will cost.