ECUADOR Law and Practice Contributed by: Arianna Zurita Farías, Annabel Muñoz, Javier Estupiñán and Juan José Flores Rabascall, VIVANCO & VIVANCO
VIVANCO & VIVANCO Av 6 de Diciembre y Jean Boussingault Edificio T6 – Oficina 308 170517 Quito Ecuador Tel: +593 2605 3000 Email: azurita@vivancoyvivanco.com Web: www.vivancoyvivanco.com/firma-legal-en-latinoamerica
1. Patents 1.1 Legal Framework and Patentable Subject Matter Patent protection is primarily governed by Andean Community Decision No 486, complemented by the Organic Code of the Social Economy of Knowledge, Creativity and Innovation ( Código Orgánico de la Economía Social de los Conocimientos , Creatividad e Innovación – COESCCI) and regulations issued by the National Intellectual Rights Service ( Servicio Nacional de Derechos Intelectuales – SENADI). Inventions are patentable if they meet novelty, inventive step and industrial applicability requirements, covering both products and processes. Excluded subject matter includes discoveries, scien- tific theories, mathematical methods, business meth- ods, computer programmes “as such”, and medical or diagnostic methods, as well as plants, animals and essentially biological processes (except microorgan- isms). AI-related inventions are assessed under general cri- teria. Utility models are also available for incremen- tal innovations, subject to simplified procedures and shorter protection terms. 1.2 Patent Granting Procedure Patent prosecution is administrative in nature and is overseen by the Technical Patents Directorate of SENADI. Applications must comply with several for- mal requirements, including a description of the inven- tion, claims, drawings (where applicable) and payment of the corresponding official fees.
The process involves several stages, including fil- ing and formal examination, publication in the Offi- cial Gazette, substantive examination of patentability and ultimately the grant or refusal of the patent. If the patentability examination is favourable, the patent is granted, conferring exclusive rights for a period of 20 years. The patent grant process typically takes between three and five years, depending on the complexity of the invention and the presence of opposition or office actions. Estimated costs range from USD1,100 to USD1,800, including official filing, formal examination, substan- tive examination and first annuity fees. These may vary depending on the number of claims. Fee reduc- tions of 50% to 90% are available for SMEs, research- ers and artisans. Foreign applicants must act through duly authorised local counsel. While domestic applicants are not strictly required to appoint legal representation, it is recommended due to the complexity of the process. 1.3 Scope, Term and Maintenance of Patent Rights A granted patent confers on its owner the exclusive right to exploit the invention and to prevent third par- ties from making, using, selling, offering for sale, or importing the patented product or process without consent. For process patents, protection extends to products directly obtained from the patented process. The standard term is 20 years from the filing date, subject to payment of annual maintenance fees. Non-
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