Process of design registration:
- Finding out whether such a design has been registered previously.
- Preparing a representation of the design
- Identifying the class of design.
- Providing a statement of novelty.
- Including a disclaimer that the design has not been in the public domain at any point in time.
- Claiming a priority date if the design is registered in other countries.
- Determining the fee to be paid.
- Ensuring all enclosures are attached.
- Complying with objections if any.
- Providing full details pertaining to contacts and addresses.
Required Documents:
It is required to file a design application to the Ecuadorian Patent Office in Spanish. Filing in a different language with late submission of Spanish translation is not possible.
For obtainment of a filing date, an industrial design application in Ecuador shall contain the following:
Request for industrial design registration;
Information about the applicant and the author;
Representation of the industrial design;
Proof of payment of the prescribed fee.
An original Power of Attorney has to be signed by the applicant, notarized and legalized up to the Consul of Ecuador or Apostille. The POA can be submitted after the Ecuadorian Patent Office’s request. The final date is thirty days from the IPO’s notification of a missing document. This period of time may be renewed by two additional months.
A certified copy of the Priority Document translated into Spanish should be filed within nine months from the priority date.
Time Frame:
- The average granting period does not usually exceed 8-12 months from the filing date if no oppositions have been submitted.
- There is no official grant fee in Ecuador. Validity term of the patent for industrial design in Ecuador constitutes 10 years as of the filing date. No maintenance fees are stipulated according to the Ecuadorian legislation.
Multiple Designs:
It is not possible to submit several designs in a single design application in Ecuador.