The Ecuadorian National Office of Intellectual Property grants a patent as an exclusive right to protect inventions in all fields of technology. This right allows the patent holder to prevent others from copying, using, distributing, or selling the invention without permission. The patent remains valid for 20 years.
Contact us to initiate the process of filing a patent in Ecuador. Click Here.
What is a patent in Ecuador?
The Ecuadorian National Office of Intellectual Property grants a patent as an exclusive right to protect inventions in all fields of technology. This right allows the patent holder to prevent others from copying, using, distributing, or selling the invention without permission. The patent remains valid for 20 years.
Documents Needed
The official language for patent filing in Ecuador is Spanish. A patent in Ecuador can be done on-line or personally.
Also, you may need to file a trademark in Ecuador.
To begin, please provide the full name and address of both the applicant and inventors, whether they are individuals or a corporation.
Next, include a patent description, which must contain the specification, claims, abstract, and drawings, if applicable.
Additionally, submit a Power of Attorney duly signed by the applicant.
Finally, note that Spanish translations must accompany the patent application at the time of filing in Ecuador. You cannot file the application in another language and submit the Spanish translation later.
How is the Patent process in Ecuador?
Application Submission:
Applicants initiate the procedure by submitting the form along with the complete patent documentation.
Preliminary Examination:
The Patent Office verifies that the information provided in the forms is complete and accurate.
Substantive Examination:
After the Patent Office publishes the application in the Official Gazette, it issues a notification requesting payment of the examination fees. Once the applicant pays the fees, patent examiners search national and international databases to determine whether the application meets patentability requirements.
Publication:
Once the Patent Office approves the preliminary examination, it publishes the application in the Ecuadorian Gazette.
Patent term:
20 years from the date of filing of the application or the international filing date for National Phases.
Average time from filing to grant:
The average time from filing to granting a patent in Ecuador is 5-7 years.
Grant, validity term and maintenance fees
Grant fees for patents in Ecuador are not stipulated. Once the patent in Ecuador is granted, it will be valid for a period of 20 years.
Maintenance Fees are paid annually and they are calculated from the international filing date. However, it is obligatory to pay the same starting form the national filing date. Therefore, the payment for the accumulated annuities should be effected upon filing and the subsequent annuities must be paid each following year.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Ecuador through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of Ecuador.
