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Ecuadorian PCT national phase entry

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Ecuadorian PCT national phase entry

Patent fees

Fees associated with Ecuadorian PCT national phase entry as well as other patent fees are available in the fee calculator.

Deadline for PCT national phase entry in Ecuador

The time limit for the Ecuadorian PCT national phase entry is 31 months from the priority date. This timeframe cannot be extended.

Filing requirements in Ecuador

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 the filing date, the PCT national phase 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.

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 and the statement explaining the applicant’s right to the invention did not take place at the International Bureau of WIPO, 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.

Examination of a PCT national phase patent application in Ecuador

Patent applications undergo formal and substantive examinations. Petition for appointment of an examiner must be filed within six months from the publication of the application; however, the examination fee becomes due when the examiner is appointed (approximately two years).

Novelty grace period

The novelty grace period in Ecuador is twelve months prior to the international filing date or priority date. If the application became available to the public within this period, it does not disprove the novelty of the invention in Ecuador.

The novelty grace period only applies to disclosures originated from:
- inventor or his successor;
- national competent office which publishes the content of the application filed by the inventor or his successor; or
- third party who has obtained the information directly or indirectly from the inventor or his successor.

Grant, validity term and maintenance fees

A grant fee for patent registration in Ecuador is not stipulated. Patents are in force for twenty years from the international filing date. Maintenance fees are due each year starting from the international filing date and should be paid for the pending applications before the expiry of the last day of the month in which the anniversary of the international filing date occurs. Late payment is possible within a six-month grace period after the due date by paying a corresponding surcharge.

Duration of registration procedure

Average processing time for patent registration procedure in Ecuador is 5-7 years.

Utility Model

Inventions may also be protected as Utility Models in Ecuador, which are subject to formal and substantive examinations.

Utility Model in Ecuador shall be granted to a new form, configuration, disposition of elements, any device, tool, instrument, mechanism or other object or any its part, that permits a better or different functioning, use or manufacture of the object which incorporates or which offers any use, advantage or technical effect that it did not have previously.

Maximum protection period of a utility model in Ecuador is ten years from the international filing date.

Representation by a patent attorney

For foreign applicants, it is necessary to perform PCT national phase entry in Ecuador through a registered Ecuadorian patent attorney.

Note

Online Search Database: LATIPAT.

Brief summary is based on the information provided by ABREU & ASOCIADOS on 31.01.2025
Please contact us if the above information is not in conformity with Ecuadorian IP Laws.

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Ecuadorian PCT national phase entry

Ecuadorian PCT national phase entry

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