To file a patent in Ecuador, it must be processed before the National Office of Intellectual Property (SENADI), as they are the authority responsible for managing intellectual property registration applications in Ecuador. Ecuador is part of the PCT system.
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What is a patent in Ecuador?
A patent in Ecuador is an exclusive right granted by the Ecuadorian National Office of Intellectual Property to all inventions, in all fields of technology. This patent gives the right to prevent anyone from copying, using, distributing or selling the invention without permission. The duration of an invention patent is 20 years.
How to file a patent in Ecuador?
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.
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- A patent description: Specification, claims, abstract and drawings, if applicable.
- Power of Attorney, duly signed by applicant.
- Spanish Translations: Spanish translations must be filed with the patent application in Ecuador. Filing in a different language with late submission of the Spanish translation is not possible.
How is the Patent process in Ecuador?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation of the patent application.
- Preliminary Examination: From an administrative process it is verified that the information on the forms is complete and adequate.
- Substantive Examination: Once the patent application is published in the Official Gazette, the Patent Office issues a notification requesting payment of the examination fees. Once these fees are paid the patent examiners conduct a search in national and international databases to determine if the application meets the requirements of patentability.
- Publication: After the preliminary examination is approved, the application is published 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.
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Do you need to file a Patent in another country?
This content may suffer modifications due to updates in the official regulations of Argentina.
