PATENTS

ECUADOR

GDP: $100.9 BILLION
IMPORTS: $26.22 BILLION
POPULATION: 15,90 MILLION
TOTAL AREA: 283,560 Km2
CURRENCY: UNITED STATES DOLLAR (USD)
OFFICIAL LANGUAGES: SPANISH
click to enlarge

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 31 months.

Patent Law in Force:

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000) and IP Law, May 19, 1998.

Types of protection available:

Patent of Invention; Utility Model.

First filing requirements with the local Patent Office for inventions made by nationals:

NO

Formal filing requirements:

• Power of Attorney duly notarized and legalized within 60 days from office action.
• Assignment document from the inventors duly notarized within 60 days from office action. Not required under certain circumstances.
• Certified copy of priority application within 16 months from priority (not required for entry into national phase of PCT applications).

Filing of the patent application in a foreign language:

NOT available.

Substantive examination must be requested by the applicant:

YES, payment of required fees is due within a 6-month term after receipt of official request.

Search report must be requested by the applicant:

NO

Observations by third parties:

YES, within 60 working-days from publication.

Opposition:

YES, within 60 working-days from publication.

Average time from filing to grant:

7 years

Term of protection for patents:

20 years from filing date (from priority date in the case of Convention applications).

Term of protection for utility models:

10 years from filing date (from priority date in the case of Convention applications).

Differences between utility model and patent:

• suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses;
• Lower threshold for inventive step,

Maintenance:

yearly also during prosecution of the application.

Marking of the product with the application/ patent number:

NOT mandatory.

Compulsory licensing:

YES

Link to Patent Office:

http://www.propiedadintelectual.gob.ec/

© 2015 Balder IP Law S.L. Todos los derechos reservados.