The procedure for registering a patent in Ecuador has the following steps:
Filing of the patent application in the Patent Office of Ecuador and payment of the maintenance fee for the first annuity.
Formal examination: After the request, the Institute carries out an examination of the documentation to verify that the request is clear and correctly submitted. In the case the formal requirements are not met, the applicant has a period of 2 months to correct the defects.
Publication within 18 months from the date of application. As of publication, a period of 60 days for opposition is opened. If oppositions are held, a period is opened to discuss them; If there is no opposition, the Institute will conduct a final exam and decide whether to grant or deny the requested patent.
Request for a Substantive examination. It is recalled that for the processing of a patent in Ecuador it is necessary to request this exam, which can be done within 6 months of publication, and can be done even if there are oppositions.
Substantive Examination: The patentability of the invention is determined.
Timeframe of a patent registration in Ecuador: The average processing time for a patent application in Ecuador is 4 years, approximately.
Duration: A patent is valid for 20 years that cannot be extended from the date of application. In addition, during the 20 years of validity of the patent, annual payments must be made for the maintenance of their rights, otherwise the expiration of the patent is declared and the rights to it are lost.
Patent Applications requirements:
1. Name and address of the applicant/inventor. 2. Specification; it has to be translated into Spanish.
3. Formal drawings of the invention.
4. A Power of Attorney legalized up to the Ecuadorian Consulate or with the apostilled.
5. Assignment document legalized up to the Ecuadorian Consulate or with the apostilled. (If apply)
6. Certified priority document; it must be translated into Spanish.
Trademark Law in Ecuador
Legal basis of Intellectual Property in Ecuador is the Social Economy of Knowledge, Creativity and Innovation Organic Code, enacted in December 2016 (“Ecuadorian IP Law”), and the Andean Community Decision no. 486 concerning intellectual property (“Decision 486”).
Ecuador is a member of the Andean Community. Andean Community Decision no. 486 contains common rules on Trademark Law in all member states (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Nice classification, 11th edition
Trademark Registration Procedure in Ecuador
The application is filed online before the Servicio Nacional de Derechos Intelectuales (“SENADI”).
A separate application needs to be filed for each class.
The application process includes a formal examination, publication in the monthly Industrial Property Gazette, and an examination of distinctiveness against prior trademarks.
The registration process takes approximately between 6-7 months.
National Opposition Period
The opposition period is 30 working days from publication date of the application. This period cannot be extended. Oppositions are also possible by owners of trademarks in other member states of the Andean Community in which case a local application needs to be filed to prove legitimate interest.
Protection is granted from the date of allowance of the registration. A trademark registration is valid for 10 years from such date. The registration is renewable for periods of 10 years.
Trademark Applications requirements in Ecuador:
1. A Power of Attorney duly Notarize and Apostille.
2. Information about:
• Name of the applicant;
• Name of the trademark or design or logo;
• Prints of the mark;
• A legalized copy of the priority application in any country of the Andean Pact or any member of the Paris Convention.