What is the process like for Industrial Designs in Ecuador?

The process for a registration begins with the presentation of a claim before the office of trademarks and patents.  They will undertake a study of the claim, if the claim is complete and in order it will be published in the Gazette of Intellectual Property so that third parties that believe the registration will affect their rights have a chance to oppose.

Once the period for presenting oppositions has ended, the office of trademarks and patents will undertake an in depth study as to whether to grant or deny the registration of the design.  If we do not agree with the decision, we should present resources of reconsideration and appeal.

How long does the process take for an industrial design in Ecuador?

The process normally takes from 8 months to over a year.  This time frame can be longer depending upon events that may occur.

What events can occur during the process?

Requirement of Information: If the intellectual property office considers that they have insufficient or incorrect information or a missing document for the claim, they will require more information.  This needs to be responded within the stipulated time period by the intellectual property office.  If the response is not satisfactory, the claim will be abandoned.

Oppositions: If the clam is complete, the intellectual property office will make it public.  In this manner, those third parties that consider themselves affected can oppose.  If this is the case, the third party presents an opposition, which the claimant should give a response to demonstrating that said opposition does not have basis, and the registration of the design, should be granted.  In the case that the opposition is successful the registration of the industrial design can be denied.

Resources for Reconsideration and Appeal: The intellectual property office can grant or deny the registration of the industrial design.  In these cases, the dissatisfied party can present the resource for reconsideration and appeal with the expectation that the office change their decision.  There is no certainty of the registration  until there has not been a resolution on these resources.