Reduction in Official Fees for Patents in Ecuador

Following a request from the European Union during commercial treaty negotiations with Ecuador, the Ecuadorian IP Office has issued Resolution No. 001-2016-CD-IEPI (the Resolution), through which it has significantly reduced the official fees applicable to patent applications and their maintenance. Below is an analysis as to the relevant changes:

 

Filing Fees

Fee Former fee in USD New fee in USD
Filing of patent application up to 10 claims 2,816.13 495.33
For each additional claim after the 10th 130.61 55.07

 

Examination Fees

Fee Former fee in USD New fee in USD
Substantive examination 1,510.40 596.49
Excess fee for each page afetr the 19th in substantive examination 151.04 59.65

The Resolution does not make any reference to the rates to be paid for new examinations when the claims have been amended as a response to the patentability examination. The previous rate was USD1,510.40 plus USD130.61 for each additional claim after the tenth. It will be necessary to await further clarification from the IP Office on this point.

Neither is there any mention made of the 90% discount to be applied to independent inventors and legally recognized universities. We consider, therefore, that in such cases the previous rates will continue to apply.

 

Maintenance Fees

Fee Annuity No. Former fee in USD New fee in USD
Maintenance year 1 1 1,143.42 125.00
Maintenance year 2 2 1,333.89 145.00
Maintenance year 3 3 1,551.43 168.20
Maintenance year 4 4 1,807.16 195.11
Maintenance year 5 5 2,105.05 226.33
Maintenance year 6 6 2,452.03 262.54
Maintenance year 7 7 2,856.21 304.55
Maintenance year 8 8 3,327.02 353.28
Maintenance year 9 9 3,875.43 409.80
Maintenance year 10 10 4,514.23 475.37
Maintenance year 11 11 5,258.34 551.43
Maintenance year 12 12 6,125.10 639.66
Maintenance year 13 13 7,134.73 742.00
Maintenance year 14 14 8,310.78 860.72
Maintenance year 15 15 9,680.69 998.44
Maintenance year 16 16 11,276.41 1,158.19
Maintenance year 17 17 13,135.16 1,343.50
Maintenance year 18 18 15,300.30 1,558.46
Maintenance year 19 19 17,822.33 1,807.81
Maintenance year 20 20 20,760.07 2,097.06

The payment system is unchanged, that is, the annuities must be paid in advance up to the last day of the anniversary month of the date of international filing, of priority, or national filing. There is a grace period of 6 months to pay the annuity, counted from the expiry date, but any such payment must include an additional fee corresponding to 50% of the annuity.

21st September 2016