Patent in Ecuador

A patent application claiming conventional priority should be filed within twelve months from the priority date. Restoration of this term is not possible.

It is required to file a patent 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, a patent application in Ecuador must contain:
- request to grant a patent;
- title or name of the invention with a description thereof, an abstract, one or more claims and the necessary plans and drawings;
- payment of the prescribed fee.

A certified copy of the Priority Document must be filed within sixteen months of the priority date. A translation into Spanish shall be filed with it.

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

If the applicant is not the inventor, an Assignment deed in Spanish signed by the assignor and the assignee, notarized and legalized up to the Consul of Ecuador or Apostille has to be filed to the Ecuadorian Patent Office. The Assignment deed can be submitted after the Ecuadorian Patent Office’s request. The final date is two months from the IPO’s notification of a missing document. This period of time may be renewed by two additional months.