Utility Models

– Colombian Utility Models are regulated by Decision 486 of the Andean Community (Cartagena Agreement), in force since December 1, 2000.
– Circular Letter 10 of the Superintendence of Industry and Commerce of Colombia, published August 6, 2001.
– Resolution 21447 of April 11, 2012, which amended Titles X and XI of the Circular Letter of the Superintendence of Industry and Commerce of Colombia.
– License agreements involving utility models are also regulated by Decision 291 of the Andean Community.
– Resolution 59669 of September 25, 2020, which amends Title X of the Circular Letter of Superintendence of Industry and Commerce of Colombia.

Membership in International Conventions

– See under “Patents“.

Filing

Applicant: the owner or his legal assignee.

Kinds of utility models: utility model patents shall be granted to any new form, composition or disposition of the elements of any device, tool, instrument, mechanism or object, or to any part thereof, which may allow a better or different operation, utilization or manufacture of the object whereof it forms part or, which may provide certain usefulness, advantage or technical effect which it did not have previously.

Not patentable: processes and any matters excluded from the protection granted by patents of invention cannot be the subject matter of utility model patents. Likewise, plastic or architectural works, or object of purely aesthetic character shall not be considered as utility models.

Priority: see under “Patents“.

Filing requirements: (see under “Patents“).

Protection

Formal examination and publication: see under “Patents“. Nonetheless, legal terms in utility model prosecution is reduced to half of that of patents.

Opposition: within thirty working days following the publication, any interested person may oppose the utility model application. Thirty working days are also granted to the applicant for him to defend the application. The thirty-day term for replying to the opposition may be extended for a further thirty working days.

Examination: see under “Patents“. However, the terms for processing the application shall be reduced to half the time.

Duration: the right of exclusive use is granted for a period of ten years counted from the filing date of the application.

Annuities: see under “Patents“.

Licenses: the owner of a utility model may freely grant or assign licenses. Any license or change of owner must be registered with the Patent and Trademark Office.

Modification of Protection after Registration

Amendments: a granted model can be amended in its name, address, domicile or any other information about the patentee or the inventor, or for modifying or limiting the scope of one or more claims, or for correcting material errors. Also granted models can be divided or merged under request.