Patent and Trademark Filings

· To file a patent application in Ecuador we need:
1. The applicant and inventor's name, address and nationality.
2. The invention's title.
3. A clear and complete description of the invention.
4. A summary of the invention's objectives
5. The patent claims.
6. WIPO's International Classification.
7. Priority document.
8. Assignment documents.
9. Labor contract between the applicant and the inventor if needed.

·
To file an Obtainer's Certificate (Plant Patent) application it is necessary:
1. The Obtainer's power of attorney.
2. Original name of the plant variety.
3. Suggested name of the plant variety.
4. Place where the plant variety was obtained.
5. The plant variety's description which must include:
a. Morphological, physiological, phytosanitary, phenological, physicochemical, industrial and agronomic characteristics.
b. Drawings, pictures or any other means that illustrate its morphology.
c. A live or herborized (dried) sample.
d. Novelty, homogeneity, distinctiveness and stability foundations.
e. National or foreign origin. f. Reproductive or propagative methods.

·
To file a trademark/service mark application in Ecuador we need:

1. A power of attorney. Please note that at the time of filing we do not need the power of attorney which may be filed later.
2. The trademark/service mark denomination, labels or designs if any, the specification of products/services covered by the trademark/service mark and the international class.
3. The name and address of the trademark applicant.

 

Note: The Hague Convention of 1961 (about Apostille) has been effective in Ecuador since April 2, 2005. Thus Powers of Attorney granted by nationals of other Convention member nations must have an apostille.