PATENTS

ECUADOR

GDP: $108,398 BILLION
IMPORTS: $24,932 BILLION
POPULATION: 17,084,357
TOTAL AREA: 283,560 KM2
CURRENCY: UNITED STATES DOLLAR ($) (USD)
OFFICIAL LANGUAGES: SPANISH
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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, December 9, 2016.

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 and legalized 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 provided that PCT/IB304 form is available).

Filing of the patent application in a foreign language:

NOT available.

Substantive examination must be requested by the applicant:

YES, the examination must be requested in the period of 6 months after publication. 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 priority date in the case of Convention applications, international filing date (PCT applications), or national filing date (no priority claim).

Term of protection for utility models:

10 years from priority date in the case of Convention applications, international filing date (PCT applications), or national filing date (no priority claim).

Differences between utility model and patent:

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, compositions, substances, methods or uses; lower threshold for inventive step.

Uses are excluded from patentability both for patents and utility models

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/

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