Understanding the time and cost of patent applications in Colombia: How to speed up the patent examination process?

On the road to patent application, time and cost are the two factors that applicants are most concerned about. In Colombia, the average time from filing an application to the final non-final decision by the Patent Office CPO is between 24 and 36 months. Regarding costs, the total cost of applying, examining and obtaining a patent, including official and professional fees, is usually between US$2,500 and US$8,000, depending on the complexity of the case and the number of related examination opinions.

However, is it possible to speed up the patent examination process?

While Andean Decision 486 or local regulations do not provide an option for expedited examination, careful application processing practices can significantly reduce the time required for an application. This can be achieved, for example, by amending the application to exclude claims of use, method of treatment claims, or any other unpatentable subject matter. Similarly, meeting with the examiner assigned to the case to discuss alternatives for expedited examination and avoiding additional examination is also an approach worth considering.

It is particularly important to note that PCT cases filed in Colombia can be published within one month without formal corrections. At the same time, the Colombian Patent Office has signed Patent Prosecution Highway (PPH) agreements with intellectual property offices in many countries, including the US Patent and Trademark Office, the Japan Patent Office, the Korean Intellectual Property Office, the European Patent Office, and the Spanish Patent and Trademark Office.

In addition, Colombia participates in multilateral PPH agreements in Latin America, such as PROSUR-PROSUL (covering Argentina, Brazil, Costa Rica, Chile, Ecuador, Paraguay, Peru, Uruguay – Panama, the Dominican Republic and Nicaragua have joined this agreement but have not yet issued specific PPH guidelines), the Pacific Alliance (including Chile, Peru and Mexico) and the Global PPH.