Patents Laws in Ecuador
Ecuador's patent system is governed by the Organic Code of the Social Knowledge Economy (Ingenuity Code), enacted in 2016, and its implementing regulations issued by the National Service of Intellectual Rights (SENADI). This framework aligns with international agreements such as the Paris Convention and the Patent Cooperation Treaty (PCT).
๐ Patentability Criteria
To be patentable in Ecuador, an invention must meet the following criteria:
Novelty: The invention must be new and not part of the prior art.
Inventive Step: The invention must involve an inventive step, meaning it is not obvious to someone skilled in the field.
Industrial Applicability: The invention must be capable of being used in some kind of industry.
These requirements are consistent with international standards and are outlined in Article 121 of the Ingenuity Code.
๐๏ธ Application Process
The process for obtaining a patent in Ecuador involves several steps:
Filing: Submit a patent application to SENADI, including:
Applicant's name and address.
Description of the invention.
Claims defining the invention.
Abstract summarizing the invention.
Drawings, if applicable.
Formal Examination: SENADI examines the application for compliance with formal requirements.(HSM)
Publication: If the application meets formal requirements, it is published in the Official Gazette.
Opposition Period: Any person with a legitimate interest may file an opposition to the patent application within 60 working days following publication
Substantive Examination: SENADI conducts a substantive examination to assess the patentability of the invention.
Grant: If the application meets all requirements, a patent is granted and published.
โณ Duration and Maintenance
Term: A patent in Ecuador is valid for 20 years from the filing date.
Maintenance Fees: Annual fees are payable to maintain the validity of the patent. Failure to pay these fees can result in the lapse of the patent.
โ๏ธ Rights Conferred
Upon grant, a patent confers the exclusive right to:
Make, use, sell, or distribute the patented invention.
Prevent others from exploiting the invention without consent.
These rights are enforceable within Ecuador. Infringement can lead to administrative and civil actions.
๐ International Considerations
Patent Cooperation Treaty (PCT): Ecuador is a member of the PCT, allowing applicants to file international patent applications.
Paris Convention: Ecuador is a member of the Paris Convention, enabling applicants to claim priority based on earlier filings in other member countries.
๐งพ Enforcement and Dispute Resolution
Patent holders can enforce their rights through administrative and civil proceedings in Ecuadorian courts. There are no specialized patent courts; cases are handled through ordinary civil procedures. Infringement includes unauthorized manufacturing, use, sale, or importation of a patented invention. The scope of protection is determined by the claims of the patent.
RELATED Blog
0 comments