Registering Patent in Ecuador

Ecuador is a country with many advantages to develop many fields of registering patent. Ecuador has a diverse climate and soil, which facilitates cultivation and animal husbandry. This opens up opportunities for inventions in the field of agriculture, from new farming technologies, high-yielding crop varieties, to solutions for the preservation and processing of agricultural products. Ecuador is rich in natural resources such as oil, minerals, and fisheries. Inventions in the field of exploitation, processing and sustainable use of these resources have the potential to make a significant contribution to the country’s economic development. With diverse natural landscapes, from the Amazon jungle to the Andes and the Galapagos Islands, Ecuador has great tourism potential. Innovations in the tourism sector, such as smart tourism technology, sustainable tourism solutions, and unique tourism products, can help attract tourists and promote the tourism industry. Ecuador has great potential for renewable energy, especially hydropower and solar energy. Innovations in the field of renewable energy, such as energy production and storage technologies, can help Ecuador transition to a green and sustainable economy. Therefore, more and more businesses and individuals need to register patents in Ecuador, Viet An Law would like to guide customers through the article below.

Legal Basis

• Decision No. 486 of the Cartagena Agreement Commission establishing the Common Industrial Property Regime

Definition of Patents in Ecuador

In Ecuador, a patent is an exclusive right granted by the Ecuadorian National Office of Intellectual Property (SENADI) for an invention in any field of technology. This right allows the patent owner to prevent others from producing, using, selling, or importing the patented invention without their permission.

Conditions for registering a patent in Ecuador

• Novelty: The invention must be new, which means that it has not been publicly published anywhere in the world before the date of filing the patent application.
• Innovation: An invention must not be obvious to someone with expertise in the technical field, which means it must include a leap in invention and not just a mere combination of existing knowledge.
• Industrial applicability: The invention must be able to be created or used in any type of industry.

Types of patents that can be registered in Ecuador

• Invention Patents: This is the most common type of patent and is granted to new, innovative products or processes that have industrial applications. The invention must be new, obscure and applicable in industry. This type of patent has a term of protection of 20 years from the date of filing.
• Industrial design patents: Granted for minor improvements to existing products or processes. These innovations must be new and applicable in industry, but the requirements for innovation are not as stringent as for invention patents. An industrial design patent has a term of protection of 10 years from the date of filing.
• Industrial design patents: They protect the decorative appearance of a product. The design must be new and have its own personality. Industrial design patents have a term of protection of 15 years from the date of filing.

Patent Search in Ecuador

To search for patents in Ecuador, users can use the online database provided by the Ecuadorian National Intellectual Property Office (SENADI). Users can look up according to the instructions as follows:

• Visit the SENADI website: Visit the official website of SENADI at the link: https://www.propiedadintelectual.gob.ec/.
• Navigate to the patent search section: Look for the section dedicated to patent searches, often labeled as “Búsqueda de Patentes” or similar.
• Select search criteria: Users can search for patents using a variety of criteria, including:
  • Patent Number
  • Title of the invention
  • Applicant’s Name
  • Inventor’s Name
  • International Patent Classification Code (IPC)
• Enter search terms: Enter relevant information in the search fields. Users can use wildcards (*) to expand their search.
• Review search results: The database will display a list of patents that match the search criteria. Click on the patent to view its details, including a summary, description, requirements, and drawings.

Other alternatives to search for:

• Espacenet: The European Patent Office’s Espacenet database also includes Ecuadorian patents and offers advanced search features.
• PatentScope: The World Intellectual Property Organization’s (WIPO) PatentScope database provides access to international patent applications, including those for Ecuadorian designations.

Patent registration dossier in Ecuador

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Ecuador through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Ecuador.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

If you want to file a patent registration, please contact Viet An Law – IP Firm for the most effective support.

Update: 9/2024