Transfer of IP rights in Colombia

Patent assignments may be done by law when the inventor is an employee or contractor, or through a private transaction which must be registered before the Colombian PTO (SIC).

Failure to register shall cause the transfer to be unenforceable against third parties.

Any interested party may request the recording of a patent assignment to the Colombian PTO by filing the assignment document, and a POA if not filed directly by the assignee or assignor.

2.1 Are original supporting documents essential or are copies sufficient?

Original documents are not necessary, the filing is on a digital platform. 

2.2 Are there any legalization and/or notarization and/or translation requirements?

Documents in a foreign language will need to be filed together with a simple translation. Neither the assignment contract nor the POA need to be notarized or legalized.

2.3 Is there a must to use a specific form?

There is no specific form to be used, yet the invention and parties must be clearly identified. 

If the assignment is not recorded, it does not have effects on third parties. The record of patent assignments has only declarative effects.

There are no specific formalities. If the percentage distribution of rights is not stipulated, it will be considered as owned in equal parts. 

Yes. It is necessary to indicate a procedural domicile in the national territory.

The patent assignment record has an administrative fee that amounts to approximately USD 95. If the patent application is still pending, assignment will be recorded at no extra cost.

There are two forms of patent licences, voluntary licences and compulsory licences, both may be recorded before the Colombian PTO. 

Any interested party may request the recording of a patent licence to the Colombian PTO by filing the licence agreement, and a POA if not filed directly by the licensee or licensor.

8.1 Are original supporting documents essential or are copies sufficient?

Original documents are not necessary, the filing is on a digital platform. 

8.2 Are there any legalization and/or notarization and/or translation requirements?

Documents in a foreign language will need to be filed together with a simple translation. The supporting documents do not need to be notarized nor legalized

8.3 Is there a must to use a specific form?

There is no specific form to be used, yet the patent and parties must be clearly identified.

Unrecorded licences do not have effects on third parties. 

Yes. It is necessary to indicate a procedural domicile in national territory.

In the case of voluntary licenses, the administrative fee to pay is approximately USD 45 when the application is pending, and USD 105 when the patent has been granted.

In the case of compulsory licenses, the administrative fee to pay is approximately USD 470.

Yes, patents can be pledged. Pledges on patent rights become effective against third parties upon record in the patent register.

Trademark assignments are done through private transactions which may be registered before the Colombian PTO (SIC).

Failure to register shall cause the transfer to be unenforceable against third parties.

Any interested party may request the recording of a trademark assignment before the Colombian PTO by filing the assignment document, and a POA if not filed directly by the assignee or assignor.

2.1 Are original supporting documents essential or are copies sufficient? 

Original documents are not necessary, the filing is on a digital platform. 

2.2 Are there any legalization and/or notarization and/or translation requirements?

Documents in a foreign language will need to be filed together with a simple translation. Neither the POA nor the assignment need to be notarized or legalized.

2.3 Is there a must to use a specific form?

There is no specific form to be used, yet the trademark(s) and parties must be clearly identified. 

Unrecorded assignments do not have effects on third parties. 

No, there are no specific formalities. If the percentage distribution of rights is not stipulated, it will be considered as owned in equal parts. 

The assignment document shall indicate that the assignor will maintain a portion of the assigned rights. If the percentage distribution of rights is not stipulated, it will be considered as owned in equal parts.

Yes. It is necessary to indicate a procedural domicile in the national territory.

The recording of a trademark assignment has an administrative fee that amounts to approximately USD 95 when the application has been granted. When the application is still pending, there is no extra fee.

There is one form of trademark licence: voluntary licences between private parties. It must be recorded in order to be enforceable to third parties. 

Any interested party may request the recording of a trademark licence before the Colombian PTO by filing the licence agreement, and a POA if not filed directly by the licensee or licensor.

9.1 Are original supporting documents essential or are copies sufficient? 

Original documents are not necessary, the filing is on a digital platform. 

9.2 Are there any legalization and/or notarization and/or translation requirements?

Documents in a foreign language will need to be filed together with a simple translation. The supporting documents do not need to be notarized nor legalized.

9.3 Is there a must to use a specific form?

There is no specific form to be used, yet the patent and parties must be clearly identified.

Unrecorded licences do not have effects on third parties. 

There is no specific formality.

Yes. It is necessary to indicate a procedural domicile in national territory.

The administrative fee to pay is approximately USD 45 when the application is pending, and USD 105 when the trademark has been granted.

Yes, trademarks can be pledged.

Pledges on trademark rights become effective against third parties upon record in the trademark register.