ImpactU Versión 3.11.2 Última actualización: Interfaz de Usuario: 16/10/2025 Base de Datos: 29/08/2025 Hecho en Colombia
Oportunidades de mejora del sistema de patentes colombiano: un ejercicio de derecho comparado entre la legislación colombiana, la europea y la estadounidense
In this writing, a comparative law exercise was carried out between the regulatory provisions on patent issues between Colombia, Europe and the United States. First, a review was made of the regulatory framework applicable to each jurisdiction and then proceeded to establish which were the regulatory provisions referring to: i) patentable matter; ii) steps in the process to obtain a patent; iii) types of patents (utility model, invention, plants, design); and iv) level of training of patent examiners. Subsequently, the findings were compared and opportunities for improvement of the Colombian patent system were determined with respect to each of these four topics based on the experiences of Europe and the United States. In particular, based on the results obtained, in the event of an eventual opportunity to reform the Colombian patent system, it is proposed to pay special attention to the following aspects: the patentability of genetically modified plants; the patentability of software-related inventions; the patentability of treatment methods for humans and animals; the patentability of second medical uses of existing pharmaceutical products; opposition procedures after the granting of patents and the strengthening of the institutions involved in patent processing (SIC and State Council