Patent registration in Ecuador. Ecuador, officially the Republic of Ecuador, is a country in northwestern South America. Ecuador is one of 17 megadiverse countries in the world. This country hosts many endemic plants and animals, such as those of the Galápagos Islands. In recognition of its unique ecological heritage, the new constitution of 2008 is the first in the world to recognize legally enforceable Rights of Nature, or ecosystem rights. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Ecuador.
Patent in Ecuador
The requirements for a patent in Ecuador are novelty, non-obviousness (inventive step), and usefulness (industrial application).
Types of Patent Protection in Ecuador include:
- Products
- Procedures
- Industrial Designs
- Utility Models
- Plant Varieties
- Semiconductors
Necessary documents for patent registration in Ecuador
The necessary documents for patent registration in Ecuador include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
To claim priority for patent registration in Ecuador, the applicant needs to file their patent application to the Ecuador IP Office within 12 months from the date of priority.
It should be noted that this term may be restored if a request for re-establishment is filed within 14 months from the priority date. The term can only be restored if certain formal requirements are met and all due care can be proven.
There are no multi-class applications. The application needs to file a single application per class.
If the applicant is not the inventor, an Assignment deed in Spanish signed by the assignor and the assignee, notarized, and legalized up to the Consul of Ecuador or Apostille has to be filed to the IP Office.
Novelty grace period
The novelty grace period in Ecuador is 12 months prior to the filing or priority date. This means that for circumstances in which the disclosure has occurred, the patent application will still be considered valid and may be registered successfully.
Nonetheless, the novelty grace period only applies to public disclosures originated from:
– The inventor or his successor;
– National office which publishes the content of the application;
– Third-party who has obtained the information directly or indirectly from the inventor or his successor.
The procedure of patent registration in Ecuador
To obtain a patent in Ecuador, the applicant needs to file their patent application to the Ecuador IP Office.
After submission of the patent application, the examiners at the IP Office will conduct a formal examination to check if the patent application follows the requirements of the law, meaning the completeness and the precise of the procedural.
If there are any errors, the IP Office will issue a notice informing the applicant to make amendments to the application.
Once the formal examination is complete, the patent application will be published in the Intellectual Property Gazette.
Petition for appointment of an examiner must be filed within 6 months from the publication of the application. After about 2 years, the applicant needs to pay the examination fee which has become due when the examiner is appointed.
Patents in Ecuador are in force for 20 years from the filing date.
Maintenance fees are due each year. The applicant needs to pay the annuities each year within the stipulated time, before the expiry of the last day of the month on which the anniversary of the filing date occurs.
Late payment is possible within a 6 month grace period after the due date by paying a corresponding surcharge.
Filing through PCT
In addition to traditional, national filing, the applicant can also obtain patent protection in Ecuador by other methods.
For instance, the applicant can benefit from the PCT Treaty in which PCT patents in Ecuador can be filed after 31 months of the international filing date.
The requirements for PCT filing are:
- Copy of the international application.
- Copy of the International Publication.
- Copy of Search report.
- Copy of the Priority Documents.
- Copy of Preliminary Examination and annexes.
- Payment of Annuities.
The above documents must be duly translated into Spanish.
You can see a list of Ecuador IP firms here.