• Design fees

Fees associated with filing industrial design applications in Ecuador as well as other design fees are available in the fee calculator.

• Multiple design applications

It is not possible to submit several designs in a single design application in Ecuador.

• Filing requirements of design application in Ecuador

It is required to file a design application to the Ecuadorian Patent Office in Spanish. Filing in a different language with late submission of Spanish translation is not possible.

For obtainment of a filing date, an industrial design application in Ecuador shall contain the following:
- request for industrial design registration;
- information about the applicant and the author;
- representation of the industrial design;
- proof of payment of the prescribed fee.

An original Power of Attorney has to be signed by the applicant, notarized and legalized up to the Consul of Ecuador or Apostille. The POA can be submitted after the Ecuadorian Patent Office’s request. The final date is thirty days from the IPO’s notification of a missing document. This period of time may be renewed by two additional months.

A certified copy of the Priority Document translated into Spanish should be filed within nine months from the priority date.

• Examination of a design application in Ecuador

Once a design application has been accepted by the Ecuadorian IPO, it is examined as to the formal requirements within fifteen working days. No substantive examination is conducted by the Ecuadorian IPO, except where the opposition has been filed supported by earlier rights in force or by a lack of novelty of the industrial design. An opposition can be filed within a period of thirty days following the date of publication. Without prejudice to the foregoing, if the lack of novelty of an industrial design is obvious, the IP office shall reject the application ex officio.

• Novelty grace period

The novelty grace period in Ecuador constitutes six months prior to the date of priority. If the application became available to the public within this period, it does not disprove the novelty of the design in Ecuador.

• Grant, validity term and maintenance fees

There is no official grant fee in Ecuador. Validity term of the patent for industrial  design in Ecuador constitutes ten years as of the filing date. No maintenance fees are stipulated according to the Ecuadorian legislation.

• Duration of registration procedure

The average granting period does not usually exceed 8-12 months from the filing date if no oppositions have been submitted.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform industrial design registration in Ecuador through a registered Ecuadorian patent attorney.

• Note

Online Search Database for Design Search.

Brief summary is based on the information provided by ABREU & ASOCIADOS on 29.01.2024
Please contact us if the above information is not in conformity with Ecuadorian IP Laws.