WIPO-administered Treaties: 

Contracting Party of the Paris Convention: YES

Contracting Party of the Patent Cooperation

Treaty (PCT): YES. Due term for entry into national phase: 31 months. 

Patent Law in force: 

Decision 486 – Andean Community (Cartagena Agreement Dec 1, 2000) and IP Law, December 9, 2016. 

Types of protection available: 

Patent of Invention; Utility Model. 

Formal filing requirements: 

  • Power of Attorney duly notarized and legalized within 60 days from office action. 30 days for utility models. Extension of term available.
  • Assignment document from the inventors duly notarized and legalized within 60 days from office action. Not required if applicant is the same as the PCT or if the change is recorded before the IB.
  • Certified copy of priority application within 16 months from priority (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available). 

Filing of the patent application in a foreign language: 

NOT available. 

Substantive examination must be requested by the applicant: 

YES, the examination must be requested in the period of 6 months after publication. Payment of required fees is due within a 6-month term after receipt of official request.  

Search report must be requested by the applicant: 

NO 

Observations by third parties: 

YES, within 60 working-days from publication. 

Opposition: 

YES, within 60 working-days from publication. 

Average time from filing to grant: 

7-8 years 

Term of protection for patents: 

20 years from priority date in the case of Convention applications, international filing date (PCT applications), or national filing date (no priority claim). 

Term of protection for utility models: 

10 years from priority date in the case of Convention applications, international filing date (PCT applications), or national filing date (no priority claim). 

Differences between utility model and patent: 

UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, compositions, substances, methods or uses; lower threshold for inventive step.

Uses are excluded from patentability both for patents and utility models 

Maintenance: 

Yearly also during prosecution of the application. 

Compulsory licensing: 

YES 

Link to Patent Office: 

http://www.propiedadintelectual.gob.ec/