Patents

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Patents in Ecuador

Bermeo’s Intellectual Property Team is fully bilingual and has the legal experience and understanding in a broad range of industries. We represent major companies and have assisted from independent inventors, multinational companies, Universities, Governments like Israel or government agencies like the USDA.

Our firm is constantly nominated as a leading patent practice firm in Ecuador and throughout Latin America.W e are the winners of the World Leaders International IP Awards for Latin America in Patent Excellence. 

Ecuador allows filing national patent applications as well as PCT applications. The requirements for a patent are novelty, non-obviousness (inventive step) and usefulness (industrial application). Regular patents can benefit from the priority per the Paris Convention of one year from the first application in one of the member countries. PCT patents in Ecuador can be filed after 31 months of the international filing date.


Registration procedure

  1. Search (advisable)
  2. Application
  3. Formal exam
  4. Publication (IP Gazette)
  5. Opposition period (60 business days)
  6. Patentability exam
  7. Registration

 

Types of Patent Protection

Products
Procedures
Industrial Designs
Utility Models
Plant Varieties
Semiconductors

Patent search

Our search services include Patent searches, prior art, claims and descriptions search, industrial designs and utility models search.

Patent Application

Ecuador follows the latest edition of the Nice Classification of goods and services, protecting the class headings is possible. Since there are no multi-class applications, a single application needs to be filed per class. Priority may be claimed within six months of the first application.

An application may be filed immediately, and the documentation may be completed afterwards.

Formal examination

The IP Office will check that the application is correctly filed, for completeness and that the documentation is complete.

An office action will be issued requesting the PoA, document,s or to make any corrections or amendments. 

Once the application is complete, it will proceed to publication in the Intellectual Property Gazette.

Filing Requirements - National Patents

  • Official fee
  • Specification and claims
  • Drawings to metric scale
  • Full name and address of Applicant
  • Power of Attorney legalized with Apostille
    - Companies must provide proof of legal status
    - One PoA per applicant is enough
  • Deed of Assignment legalized with Apostille
    - Executed by both assignor and assignee
  • Priority: certified copy of the foreign application
  • Authorizations:
    - Deposit of the biological material (UPOV)
    - Access contract regarding patents obtained or developed from genetic resources or their derivative products
    - License or authorization to use a traditional knowledge from indigenous communities.

 

Additional requirements for PCT

  • Copy of the international application (containing; description, claims, abstract drawings and text of the drawings).
  • Copy of the international Publication.
  • Copy of Search report.
  • Copy of the Priority Documents.
  • Copy of Preliminary Examination and annexes.
  • Payment of Annuities

*Take note that these documents do not need consular legalization, and must be duly translated into Spanish.

Opposition and Examination

When facing office actions, examinations, oppositions or even litigation, we are always in full coordination with clients so that our arguments cover the legal issues as well as the technical matters. Bermeo’s practice in these areas is unrivaled, our team’s expertise brings together our clients’ expectations and adapts them to local practice in order to have clear and persuasive briefs that help the authority understand the increasingly complex matters.

After a decision is issued, the matter may be submitted for review before the same Authority. If an adverse decision is issued, then an appeal may be filed before the IP Committee and their decision may also be submitted for review before the same Authority. At any point, the matter may be taken to the Contentious courts for a judicial review.

Patent Maintenance

We understand the importance of a patent or a patent application, and the risk of losing it for failing to pay the maintenance fees is just too high. With the new regulations, different maintenance fees for each year, maintaining patent rights has become more complex every time.

We handle patent annuities with modern software that helps us keep track of the payments and deadlines. We are prepared to handle a large volume of patent annuities. We have had sustained growth in this area given to our strict organization and the confidence inspired from our clients. 

Our practice covers all the stages of oppositions, annulments of illegal registrations), arbitration, out-of court settlements. We have a very good rate of success due to high expertise, great research and strict focus on the issues.

In infringement cases we are known to litigate vigorously until the illegal use stops or the counterfeit goods are seized. Some of the actions are either sending cease and desist letters, injunctive relief, border protection actions, or filing administrative, civil or criminal complaints.