EC - Ecuador
National Service of Intellectual Rights (SENADI) (Ecuador)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: National Service of Intellectual Rights (SENADI) (Ecuador)
IPL: Intellectual Property Law (Consolidation No. 2006-13)
List of currencies used in this document:
USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Ecuador
Two-letter code:
EC
Ecuador - National Service of Intellectual Rights (SENADI) (Ecuador)
Name of Office:
National Service of Intellectual Rights (SENADI) (Ecuador)
Location:
Unidad de Gestión de Patentes
Edificio FORUM 300
Avenida República # 396 y Diego de Almagro
Quito
Ecuador
Mailing address:
Same as above
Telephone:
(593-2) 394 00 00
(593-2) 394 00 01
(593-2) 394 00 02
(593-2) 394 00 03
(593-2) 394 00 04
(593-2) 394 00 05
(593-2) 394 00 06
(593-2) 394 00 07
(593-2) 394 00 08
(593-2) 394 00 09
(593-2) 394 00 10
E-mail:
General enquiries
senadi.ec@gmail.com
PCT enquiries
pct@senadi.gob.ec
Website:
Facsimile:
None
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
No
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
EC
Ecuador - National Service of Intellectual Rights (SENADI) (Ecuador)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
EC
Ecuador - National Service of Intellectual Rights (SENADI) (Ecuador)
Types of protection available via the PCT:
Patents
Utility models
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
None
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Ecuador
Language in which international applications may be filed:
Depending on the applicant’s choice of competent International Searching Authority, a translation into a corresponding language (refer to Annex D) may have to be furnished by the applicant (PCT Rule 12.3)
Spanish
Language accepted for language-dependent free text in the sequence listing:
Same as above
Language in which the request may be filed:
Spanish
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 11 July 2019, pages 102 et seq. and 1 September 2022, pages 239 et seq.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
Competent International Searching Authority:
CL
Chile - National Institute of Industrial Property (Chile)
, 
EP
European Patent Organisation - European Patent Office (EPO)
, 
ES
Spain - Spanish Patent and Trademark Office
Competent International Preliminary Examining Authority:
CL
Chile - National Institute of Industrial Property (Chile)
1, 
EP
European Patent Organisation - European Patent Office (EPO)
2, 
ES
Spain - Spanish Patent and Trademark Office
Fees payable to the receiving Office:
Transmittal fee:
300 USD
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
324 USD
Search fee:
Refer to
Annex D(CL)
Annex D(EP)
Annex D(ES)
Fee for priority document (PCT Rule 17.1(b)):
per certified page 0.20 USD
Is an agent required by the receiving Office?
No
Who can act as agent?
Any natural or legal person resident in Ecuador
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
At the time of filing for notification of the fact that a deposit was made on or before the filing date
— any additional indications:
None
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
None

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Spanish
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, as amended only, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Patents
Filing fee
This fee may be reduced by up to 90% for micro, small and medium enterprises, recognized national universities, independent researchers, public institutions, small and medium farmers and enterprises of popular and solidarity economy
495.33 USD
Additional fee for each claim in excess of 10
55.07 USD
Utility models
Filing fee
This fee may be reduced by up to 50% for micro, small and medium enterprises, recognized national universities, independent researchers, public institutions, small and medium farmers and enterprises of popular and solidarity economy
136 USD
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 3
Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)
Instrument of assignment of the priority right where the applicants are not identical 3
Instrument of assignment of the international application if the applicant has changed after the international filing date
Appointment of an agent if the applicant is not resident in Ecuador
Who can act as agent?
Any natural or legal person resident in Ecuador
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

EC.01 LANGUAGE OF PROCEEDINGS
The language of proceedings is Spanish.
EC.02 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
EC.03 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex EC.I.
EC.04 EXAMINATION
IPL Art. 144
A patent will be granted only after examination as to patentability. The amounts of the examination fees are indicated in Annex EC.I.
EC.05 AMENDMENT OF THE APPLICATION
PCT Art. 28, PCT Art. 41
The applicant may, at any time before the patent is granted, make amendments to his application, provided that the amendment does not go beyond the original disclosure.
EC.06 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
EC.07 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Office.
EC.08 UTILITY MODELS
PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes to obtain a utility model instead of a patent in Ecuador on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

Annexes

Annex EC.I - Fees
Patents
The fees may be reduced by up to 90% for micro, small and medium enterprises, recognized national universities, independent researchers, public institutions small and medium farmers and enterprises of popular and solidarity economy
Filing fee:
495.33 USD
Additional fee for each claim in excess of 10
55.07 USD
Search fee:
— for a search of the national documentation
148 USD
— request for a report on the state of the art
836.96 USD
Examination fee (additional 10% for each page in excess of 20)
596.49 USD
Fee for modification
227.25 USD
Maintenance fees:
— for the 1st year
125 USD
— for the 2nd year
145 USD
— for the 3rd year
158.20 USD
— for the 4th year
195.11 USD
— for the 5th year
226.33 USD
— for the 6th year
262.54 USD
— for the 7th year
304.55 USD
— for the 8th year
353.28 USD
— for the 9th year
409.80 USD
— for the 10th year
475.37 USD
— for the 11th year
551.43 USD
— for the 12th year
639.66 USD
— for the 13th year
742 USD
— for the 14th year
860.72 USD
— for the 15th year
998.44 USD
— for the 16th year
1,158.19 USD
— for the 17th year
1,343.50 USD
— for the 18th year
1,558.46 USD
— for the 19th year
1,807.81 USD
— for the 20th year
2,097.06 USD
Utility models
The fees may be reduced by up to 50% for micro, small and medium enterprises, recognized national universities, independent researchers, public institutions, small and medium farmers and enterprises of popular and solidarity economy
Filing fee
136 USD
Search fee:
— for a search of the national documentation
46 USD
— for a search of the state of the art
48 USD
Maintenance fees:
— for the period from the 1st to the 5th year
per year 12 USD
— for the period from the 6th to the 10th year
per year 16 USD
How can payment of fees be effected?
The payment of fees should be effected in US dollars. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid
The payment of fees can be effected by bank transfer to the following account:
Beneficiary
Servicio Nacional de Derechos Intelectuales (SENADI)
Name of the bank
Banco del Pacífico
Account No.
748529 (Cuenta Corriente)
SWIFT code
PACIECEG
Forms
Please refer to the Office.
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office.
2 a The Office is competent only if the international search is or has been carried out by that Office or by the Spanish Patent and Trademark Office.
3 a b This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 31 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00