Since 2012, the Colombian Patent Office has been enforcing the agreement made by this entity with the United States Patents Office, by allowing Colombian applicants to validate the results of the patentability exams raised by the USPTO, in order to avoid double-examinations and to obtain an earlier decision on the patentability of the invention.
This being a two way track has also allowed applicants in the United States to validate the exams issued in Colombia.
The result of this implementation has been very positive, and it can be seen as a good effort to improve patent quality and as a solution to diminish the examination backlog through more efficient procedures.
This strategy can result very attractive for those interested on obtaining faster patents grant.
Due to the good results, and the expansion of the Colombian Patent Office, we are now facing the implementation of the PPH cooperation agreement with the Spanish Patents Office.
Ever since November 1st, 2013, the Colombian examiners have been recognizing the Spanish views on patentability.
The procedure for requesting the examination under the PPH agreement is simple; the applicant must submit the formal request, pay the corresponding fee and enclose: (a) copy of the patentability decision, (b) copy of all claims that have been determined as patentable or grantable (c) copies of records, information or documents cited by the foreign examiner, and (d) a claims correspondence table.
This will allow applicants who have already a decision issued in United States or in Spain to sought for accelerated examination in Colombia and vice versa.
However, we are hoping than in a short term the Colombian Patent Office expands its cooperation with other countries and maybe in a near future joins the recently created Global Patent Prosecution Highway Pilot which includes international IP offices such as the Canadian Intellectual Property Office (CIPO), the Japan Patent Office (JPO), the Russian Federal Service for Intellectual Property (ROSPATENT) and the United Kingdom Patents Office.
Should you need any further information please do not hesitate to contact us.
