- Applicant’s name, nationality, and address.
- Creator’s name and residential address.
- Title or description, which summarizes the Model/Design or the purpose for which it is intended.
- Drawings or photographs of the object (in color if claiming a combination of colors together with the relevant description). A description of the views for each drawing is required.
- Description of the novelty of the Designs or Models containing a detailed explanation of the geometric or ornamental shape (preferably of not more than 150 words or 400 characters).
- Priority claim (if claimed) – country, date, and number of the earlier application (the original or certified true copy of the priority document should be submitted within three months after the date of application).
- Notarized Power of attorney.
- The Design or Model’s title and description can be presented in either the Chinese or Portuguese language. One drawing must be chosen for publication in the Macau Official Gazette.
- After 12 months from the filing date of the Industrial Model or Design application, or from the priority date if a priority right has been claimed, the Macau IP Office will publish the Design or Model application in the Macau Official Gazette.
- From the publication date until the granting of the Design or Model, any interested third party may file an opposition against the Design or Model application.
- The applicant will be notified of such opposition and will avail of two months, counted from the IP Office’s notification letter date, to submit its reply.
- The request for the examination report for an Industrial Model or Design application must be filed within 30 months of the filing date.
Assignments, Licenses, Liens, Mergers and Changes of Identity or Address
- For the recordal of assignments, licenses, and liens, an original or certified true copy of the relevant document (in which the signatures of the involved parties should be duly notarized) is required.
- For the recordal of mergers or change of name, the original or the certified true copy of the document issued by the company’s registrar is required.
- Apart from the above mentioned in regards to assignments, mergers and change of name, a notarized power of attorney executed by the current owner is also required.
- For the change of address, a notarized power of attorney (POA) showing the updated address will suffice.
Annuities and Revival
- Payment can be made without submission of any documents.
- The first, second, third, fourth and fifth annuities are included in the application fee.
- Annual payments shall be made during the six month period preceding the respective expiry date.
- The annuities payment is still possible during the grace period (six month period after the annuities payment date) subject to the payment of an additional official tax.
- A Design or Model may be revived during the course of a grace period of 6 months. The revival will be granted by the Macau IP Office provided it does not infringe on the rights of any third party.
The Design or Model is valid for a period of 25 years from the date of application.
- Macau Industrial Property Code (in effect from 7 June 2000).
- The Industrial Models and Designs are valid for five years from the date of application, renewable for four additional periods of five years for a maximum of 25 years.
- Portuguese Industrial Property Code up until 6 June 2000.
- Industrial Models and Designs are valid for 25 years from the date of application but if granted before 1 June 1995 they are valid for 25 years from the date of the first payment after 1 June 1995 or if the application was before 1 June 1995 and granted after this date they are valid for 25 years from the date of approval.
- The term for protection of Industrial Models and Designs extended from Portugal to Macau is tied to the expiry date of the Portuguese Industrial Models and Designs and therefore of the same duration. However, annuities must be paid in Macau on the same due date as the Portuguese payment to maintain their validity in Macau.
- A Design or Model is granted protection if it consists of a creation whose appearance represents the whole or part of a product by means of lines, contours, colors, forms, textures, materials and/or ornamentation used in the product itself.
- Pursuant to the applicable law a product is any industrial or crafted article, including the components for assembling a complex product, its packaging, presentation elements and graphic symbols and wording. However, this does not include computer programs.
- The Design or Model must be novel and unique.
- Industrial Models or Designs that possess the same preponderant distinctive characteristics may be included in a single registration, up to a maximum of 10, in such a way as to constitute a group of interrelated objects for the purpose of their use or application.
If the above information does not fully address questions you may have please do not hesitate to contact us.