Mandatory Patent Licenses

Based on the Intellectual Property Law and Decision 486 of the Andean Community, the Ecuadorian Intellectual Property Institute (IEPI) is the appropriate entity for granting mandatory patent licenses to third parties, at the petition of a party or at the initiative of IEPI itself, provided:

a) a term of three years has elapsed from the granting of the patent or four years have elapsed from the patent application, whichever is longer; and,

b) if, at the time of petition, the patent has not been exploited, or if the exploitation of the invention has been suspended for over one year.

Exploitation is understood as the use of the patent directly by the patent owner or authorized party. Use is the industrial production of the patented product; comprehensive use includes the distribution and marketing of the results obtained from the patented procedure. Importation along with the distribution and marketing of the patented product also constitute use.