Patent term extensions for non-pharmaceutical patents
On September 29, 2014, the Colombian Government issued Decree 1873 providing patent term extensions to compensate patent owners in the event of unjustified delays by the Columbian Patent Office in issuing patents. This compensation does not apply to pharmaceutical patents. The decree was issued in order to comply with the regulations established by the Andean Community of Nations, the ADPIC (known as TRIPS in English) and the United States–Colombia Free Trade Agreement.
According to the decree, a patent term is extendible for each day of “unreasonable delay” in the granting of a patent, counted from the last day of the patent term. An “unreasonable delay” exists when a decision to grant a patent by the local PTO takes longer than five years from the filing date of the application, or three years from the date of filing a request for examination.
A patent owner must request restoration of the patent term within two months of the date of issuance of a patent, indicating the PTO delay and the corresponding patent term extension being requested.