Guide for Ecuador Patent Application Process

Patent Trademark

Ecuador Profile

Ecuador, officially the Republic of Ecuador, is a parliamentary democratic republic in northwestern South America. It is bordered by Colombia to the north, Peru to the east and south, and the Pacific Ocean to the west. Ecuador also includes the Colon Islands in the Pacific Ocean. Its capital is Quito and its largest Read more

Ecuador Profile

Ecuador, officially the Republic of Ecuador, is a parliamentary democratic republic in northwestern South America. It is bordered by Colombia to the north, Peru to the east and south, and the Pacific Ocean to the west. Ecuador also includes the Colon Islands in the Pacific Ocean. Its capital is Quito and its largest city is Guayaquil. According to 2018 statistics, the population of Ecuador is about 17.1 million people.

Ecuador's Intellectual Property Legal System

  • Socio-Economic Law on Knowledge, Creativity and Innovation (Knowledge Law or INGENIOS) 2016
  • "Intellectual Property Law"
  • Decision No. 486 of the Andean Community Establishing a Common Industrial Property System
  • "Regulations on the Common Industrial Property System"

International Organization/Agreement

  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Patent Cooperation Treaty
  • Paris Convention for the Protection of Industrial Property
  • Berne Convention for the Protection of Literary and Artistic Works
  • "Convention Establishing the World Intellectual Property Organization"
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Amendment Protocol Establishing the Andean Community and the Andean Integration System (Trujillo Protocol)
  • Treaty Establishing the Andean Parliament
  • Andean Subregional Integration Agreement (Cartagena Agreement)
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Filing Language
spanish

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

National Intellectual Property Service Center of Ecuador

English: National Service of Intellectual Rights, Abbreviation: SENADI

Website: www.derechosintelectuales.gob.ec

Ecuador Invention Patent Search: Espacenet - Home page

Filing Language: Spanish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Spanish Translation
  3. Viability Statement of Microorganism and Spanish Translation
  4. Power of Attorney
  5. Certified Priority Document Spanish Translation
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Spanish Translation
  6. Viability Statement of Microorganism and Spanish Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 31 months from earliest priority date.

SENADI conducts formality and substantive examinations for invention applications. The applicant needs to submit the substantive examination application within 6 months after the publication, but the period for paying the examination fee is after the appointment of the examiner (about 2 years).

A novelty grace period of 12 months prior to the filing date/priority date is available if the following situations occur.

  • Disclosure caused by the inventor or his successors.
  • Disclosure by a national authority publishing an application filed by the inventor or his successor.
  • Disclosures made by third parties who have obtained information, directly or indirectly, from the inventor or his successors.

5-7 years

  • Grant Fee: None
  • Annuity: The annual fee should be paid year by year start from the 1st year from the filing date, and the annual fee must be paid before the last day of the month where the filing date is located each year. If overdue, the payment can be postponed within a grace period of 6 months, but a penalty will be charged.

Yes. Please consult SENADI for applicable standards and/or charges.

No

No

Name of Patent Office

National Intellectual Property Service Center of Ecuador

English: National Service of Intellectual Rights, abbreviation: SENADI

Website: www.derechosintelectuales.gob.ec

Ecuador Utility Model Patent Search: Espacenet - Home page

Filing Language: Spanish

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document Spanish Translation
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer

10 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 31 months from earliest priority date.

SENADI conducts formality and substantive examination for utility models. A utility model in Ecuador shall be granted to a new form, structure, arrangement of elements, device, tool, instrument, mechanism or other object and any part thereof which optimizes or alters the function of the original subject matter so that it contains or provides other Features, advantages or technical effects not previously available.

A novelty grace period of 12 months prior to the filing date/priority date is available if the following situations occur.

  • Disclosure caused by the inventor or his successors.
  • Disclosure by a national authority publishing an application filed by the inventor or his successor.
  • Disclosures made by third parties who have obtained information, directly or indirectly, from the inventor or his successors.

  • Grant Fee: None
  • Annuity: The annual fee is paid year by year start from the 1st year from the filing date, and the annual fee must be paid before the last day of the month where the application date is located each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a penalty will be charged.

1-2 years

Yes. Please consult SENADI for applicable standards and/or charges.

No

No

Name of Patent Office

National Intellectual Property Service Center of Ecuador

English: National Service of Intellectual Rights, abbreviation: SENADI

Website: www.derechosintelectuales.gob.ec

Filing Language: Spanish

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document Spanish translation
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

10 years

via Paris Convention : 6 months from earliest priority date.

SENADI only conducts formality examination of the design. SENADI conducts substantive examination only when an opposition is filed that is supported by an earlier effective date, or when the design lacks novelty.

6 months prior to the priority date.

  • Grant Fee: None.
  • Annual Fee: None.

If no third party files an opposition, the granted process usually takes no more than 8-12 months from the filing date.

No

No

No

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