Ecuador Patent Guide
A patent can be registered in Ecuador, which is a member of the Andean Community of Countries which includes Bolivia, Colombia and Peru, pursuant to the Andean Pact Decision No. 486 (Cartagena Agreement) which provides for national patent applications.
The following information and documentation is required:
- name of the invention
- one or more claims and any drawings referred to in the description or any claim
- an abstract
- applicant’s name, address and nationality
- Power of Attorney (notarised and legalised)
- certified copy of priority document (if priority is claimed)
It usually takes about five years for the National Service of Intellectual Rights (SENADI) to process an application for registration. Paris Convention priority cannot be claimed. Once the registration is complete the SENADI will issue a Certificate of Registration.
Patent Cooperation Treaty
Ecuador is signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.
Whilst there is no requirement to conduct a search in Ecuador prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within five working days.
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise the SENADI accordingly. This will avoid us sending out unnecessary Reminder Notices.
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Ecuador.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment (legalised) and a Power of Attorney (notarised and legalised).
It usually takes nine months or less for the SENADI to process an application to record an assignment. Once the recording is complete the SENADI will issue a Certificate of Registration of Assignment.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Ecuador.
To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change (legalised) and a Power of Attorney (notarised and legalised).
It usually takes nine months or less for the SENADI to process an application to record a Change of Particulars. Once the recording is complete the SENADI will issue a Certificate of Recording showing the change.