PCT Patents Requirements

• Power of Attorney and Notarial Certificate: Notarized and legalized by Apostille. This document can be filed belatedly, and must be filed within the next two (2) months counted from the date of the official action requesting same. There is an extension of term of an two (2) months in which to file the document. One validly granted Power of Attorney is sufficient for all future matters (both patents and trademarks) in the name of the same applicant (at the same domicile).
  Please be aware that if the Power of Attorney is not legalized in accordance with the notarial certificate as per form enclosed, a document evidencing the legal existence and legal representation of the grantor (Certificate of Incorporation) will be required.
• Assignment of Inventors: Must be signed by the inventors, notarized and legalized by Apostille. In lieu of the local form, it is possible to use a certified copy of the US assignment provided that it assigns worldwide rights, or at the very least, rights to Colombia. This document can be filed belatedly, and must be filed with in the two (2) months counted from the date of the official action requesting same. There is an extension of term of an additional two (2) months in which to file the document.
• Text: Complete text of the Patent (Specifications, claims, experimental procedures, structure). According with our Legislation, we must submit the text of the patent in Spanish and other relevant documents with a Spanish translation.
• Formal Drawings: If applicable, must be filed with the application.
• Preliminary examination and search: These documents can be filed with the application or during the next two months from the date of filing the application.
• Modifications: If modifications were recorded, copies must be recorded with the application or filed with in the deadline of 30 working days counted from the date of the official action requesting same. If the amendments are in other language other than Spanish translation should be submitted.
• Examination: The applicant shall request an examination of patentability of the invention within six months after publication of the application, regardless of whether or not any objections have been filed. If that period elapses without having requested the examination, the application shall be considered abandoned.
• Term: 20 years counted from the date of filing.
• Maintenance: Annual fees must be paid upon the concession of the patent, in order to keep a patent in force. The deadline for payment of each annual fee shall be the last day of the month of presentation of the application. Two or more annual fees may be paid in advance.
  Annual fees shall be paid within a grace period of six months after the starting date of the corresponding annual period, together with the prescribed surcharge. The patent shall remain in full force during the grace period. Failure to pay an annual fee as indicated shall result in the legal lapsing of the patent.
• Obligations: Owners of patents shall be under the obligation to exploit their patented inventions in any Member Country, either directly or through a person they authorize to do so. For the purposes of this Chapter, exploitation shall be understood to mean the industrial manufacture of the patented product or the full use of the patented process, including the distribution and marketing of the results thereof on a scale sufficient to satisfy the demands of the market. Exploitation shall also be understood to mean the importation of the patented product, including its distribution and marketing, where this is done on a scale sufficient to satisfy the demands of the market. Where the patent refers to a process that does not result in a product, the requirements for marketing and distribution shall not be enforced.
  
  Please note that under Decision 486, working in any of the member countries (Bolivia, Colombia, Ecuador, Peru and Venezuela) is considered working in the other countries. Further, importation into any of the member countries satisfies the working requirement.

Announcements

INTA Leadership Meeting - Miami Beach, Florida

We would like to inform you that Mr.  Felipe Rubio will be attending the INTA Leadership meeting which will take place in the second week of November from the 9 - 12. If you would like to meet to discuss any outstanding matter, please feel free to contact us at mail@rubiolawyers.com

 Attorney Fees

Please note that beginning January, 2012 our firm will be adjusting its schedule of fees. If you would like to recieve the schedule in advance, please feel free to contact us and we will be happy to send it to you. 

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