UNIDAD 2: STEPT 2

ANALIZAR LOS PRINCIPALES ACTORES Y CONCEPTOS A TENER EN CUENTA

EN UNA NEGOCIACIN DE LA TECNOLOGA
INDIVIDUAL ACTIVITY

ANGELICA PEREZ CONTRERAS

1032384250

PRESENTADO A
KARLA NATHALIA TRIANA

UNIVERSIDAAD NACIONAL ABIERTA Y A DISTANCIA

ESCUELA DE CIENCIAS BASICAS, TECNOLOGIA E INGENIERIA
INGENIERIA INDUSTRIAL
BOGOTA
2017
Research and submit to the forum a Word document, answering the 5 generative
question

1. How to register a patent application in Colombia? (Include process, fees and if

it is necessary to hire a lawyer)
The term for filing patent applications in Colombia
Patent applications in Colombia claiming priority must be filed within 12 months from the
priority date. The restoration of this term is not possible.
Minimum filing requirements in Colombia
- Complete application in Spanish, i.e. specification, claims, sequence listing (if
applicable), and drawings (if applicable); - payment of the official fee.

Language of the Colombian patent application

The official language of the Colombian patent application is Spanish. It is not possible to
file an application in any other foreign language as the Spanish translation is required
for obtainment of the filing date.

Priority document
For national filings in Colombia, it is necessary to provide a certified copy of the priority
document translated into Spanish within 16 months from the priority date.
Power of Attorney requirements
A simply signed copy of a Power of Attorney must be submitted within two months from
filing a Colombian application (extendable for two more months). Legalisation is not
required for patent registration actions in Colombia; however, for nullity actions a new,
duly legalised and notarized, POA will be required.

Assignment Deed
If the applicant is not the inventor, it is necessary to provide the Assignment Deed;
legalisation is not required. It may be submitted within two months from the date of filing
(extendable for two more months).

Substantive examination request

The request for substantive examination on Colombian patent application must be made
within six months from the publication of the application. Acceleration under PPH is
possible.
Grace period
If the disclosure of the information on the invention has been made by the applicant,
inventor/assignee, or,a third party who has obtained information from applicant, inventor
or assignee and national officeswithin 12 months before filing date or, if priority is
claimed, before the priority date, it will not disprove the novelty of a Colombian patent
application.

Grant and patent maintenance

No official grant fee is stipulated. After the patent has been granted, the first
maintenance fee must be paid before the last day of the month in which the Colombian
application was filed.

Representation by a patent attorney

Foreigners must perform the patent prosecution in Colombia through a registered
Colombian patent attorney at law.

2. How to register a copyright application in Colombia? (Include process, fees

and if it is necessary to hire a lawyer)

The CRS is a service provided by the Intellectual Property Rights Office (also referred to
as the IP Rights Office and the IPRO). The purpose of the CRS is to record and register
the creative output of businesses and individuals in order to protect copyright
ownership. This website has been developed to allow the originators of creative output
to register their work instantly online, without the need for paper forms or postage.

This website can also be used to verify registered works online, using the unique CRS
Registration Number ascribed to each registered work. The retrieval of files can also be
requested online, should they become subject to a copyright dispute, or should a back-
up be required.

3. What is applied to protect a software development in Colombia, a patent or

copyrights?
A patent over a software invention can be used to prevent others from utilizing a certain
algorithm without permission, or to prevent others from creating software programs that
perform patent protected functions. In contrast, copyright law protects only the
expression of an idea and not the idea itself. In other words, copyright can only prevent
the copying of a particular expression of an idea i.e. copying of source code or a portion
of it, and not the copying of the idea/functionality. Hence, patents offer much broader
protection.
There are significant differences in protection offered by patent and copyright. Some
major contrasting features of these two forms of protection are illustrated below.

Patent law protects functional aspects of an invention. Copyright protects the idea that
is expressed. Under copyright, the form of expression is protected, and not the idea or
concept.
Copyrights become effective the moment a work is created in a fixed, tangible form of
expression. Patents need to be applied for before the same is made public (some
countries provide a grace period for filing a patent application post public disclosure).
Copyright protection extends for author's lifetime plus 60 years (may vary based on the
type of work being copyrighted), whereas term of a patent is 20 years.
4. What is a license agreement?
A licensing agreement refers to a written agreement entered into by the contractual
owner of a property or activity giving permission to another to use that property or
engage in an activity in relation to that property. The property involved in a licensing
agreement can be real, personal or intellectual. Almost always, there will be some
consideration exchanged between the licensor and the licensee.
5. What is necessary to take into account in order to carry out a successful
negotiation? (Describe negotiation process, actors and types of negotiation)

Negotiation is a method by which people settle differences. It is a process by which

compromise or agreement is reached while avoiding argument and dispute.

In any disagreement, individuals understandably aim to achieve the best possible

outcome for their position (or perhaps an organisation they represent). However, the
principles of fairness, seeking mutual benefit and maintaining a relationship are the keys
to a successful outcome.

Specific forms of negotiation are used in many situations: international affairs, the legal
system, government, industrial disputes or domestic relationships as examples.
However, general negotiation skills can be learned and applied in a wide range of
activities. Negotiation skills can be of great benefit in resolving any differences that
arise between you and others.

Stages of Negotiation
In order to achieve a desirable outcome, it may be useful to follow a structured
approach to negotiation. For example, in a work situation a meeting may need to be
arranged in which all parties involved can come together.

The process of negotiation includes the following stages:

Preparation
Discussion
Clarification of goals
Negotiate towards a Win-Win outcome
Agreement
Implementation of a course of action

What kind of protection can be register to protect the chosen technology

innovation case, giving and explanation.

After the application has been drafted, a decision must be made as to where to file the
patent application. This decision must be made after careful consultation with the
chosen patent agent/attorney and after careful consideration of the business goals,
available budget, and projected market.

Patent subject matter is the domain of knowledge that can be patented, if the patenting
criteria of novelty, non-obviousness and usefulness are also met. For instance, scientific
discoveries and abstract ideas are generally excluded. Its definition must be based on a
careful examination of when it is efficient for society to offer patent protection in addition
to other legal or market-based means of protection.