Patent Application in Ecuador

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Release time:2016-07-03

In Ecuador,Intellectual PropertyIt is protected by the laws of the Andean Community (including Colombia, Ecuador, Peru and Bolivia).Intellectual PropertyMainly by the ANC No. 486 onPatentandTrademarkResolution No. 351 of the ANC on Copyright and Neighboring Rights. Ecuador is a member of the Paris Convention and the World Trade Organization and therefore follows the World Trade Organization's Trade-Related Treaty.Intellectual PropertyAgreements (TRIPs). Promulgated in 1998Intellectual PropertyThe law regulates statutory procedures, codes of conduct and prohibitions.

EcuadorIntellectual PropertyAssociation responsibleIntellectual PropertyRegistration and management.Intellectual PropertyThe right holder may sue the infringer in criminal or civil court depending on the type of infringement.

 

Patent

If the invention is novel, non-obvious and practical (industrial application) can be obtained.Patent. In Ecuador, second use, polymorphs, living organisms, treatments, etc. cannot be appliedPatent. From the date of submission of the application,PatentThe term of protection is 20 years.

Ecuador is 《PatentA member of the Cooperation Treaty enters the national phase within 31 months of the international filing date or within the earliest priority date. Utility models and industrial designs, new plant varieties and semiconductors are also affected.Intellectual Propertyprotection of law.

 

Attribution of Patent Rights in Ecuador: belongs to the first applicant. The application may be submitted by the inventor himself or by his agent, whether a natural person or a legal person. If multiple people co-create an invention, they share a patent. If the invention is created by a contracted employee, the invention belongs to the employer.

Duration: The patent right is valid for 20 years from the time of filing the application.

way: One of the important principles of the Paris Convention is the "priority principle", which means that after the applicant files an application for an invention-creation for the first time in any member country of the Convention, the same applicant may also file an application (later application) for the same invention-creation in other member countries within a specific period (I. e. the priority period: 6 months for the design and 12 months for the invention or utility model), these later applications are deemed to have been made on the same day as the first application. The establishment of the principle of priority brings great convenience to the applicant. The applicant may have six or 12 months after filing an application in a Member State to make a decision on whether to apply for a foreign patent. Once the applicant decides to apply for a foreign patent, he or she can file an application and claim priority within the above-mentioned time limit.

 

Documents to be prepared by the applicant: Detailed list of application information (samples provided by the agency), indicating the application items, applicant information, the country to be applied for and the deadline for submission, etc. Relevant materials of the previous application, including the request, acceptance notice and original patent application documents (claims, specifications, abstracts and drawings); Text of priority certificate; Existing technical information related to patent application; Power of attorney or small business statement and other documents. In addition, when applying for a foreign patent, it is best to provide the instruction letter and the original application documents at least one month before the expiration of the priority period or the date of the instruction submission, so as to facilitate the preparation procedures.