Patents in Macau

 

Application

  • Applicant’s name, nationality, and address.
  • Inventor’s name and residential address.
  • Specifications of the invention.
  • Claims of what is considered novel and a title or a description of the invention.
  • Drawings necessary so as to provide a complete understanding of the written description.
  • Abstract of the invention (preferably of not more than 150 words or 400 characters).
  • Priority right (if claimed) – country, date and number of the earlier application for each claim (the original or the certified true copy of the priority document should be submitted within three months after the date of application).
  • Notarized Power of attorney.

 

Procedures

  • The Patent specifications, claims, title, written description of the drawings, and abstract must be submitted in the Chinese language and one figure must be chosen for publication in the Macau Official Gazette.
  • After 18 months from the filing date of the Patent application, or from the priority date if a priority right has been claimed, the Macau IP Office will publish the Patent application in the Macau Official Gazette.
  • From the publication date until the granting of the Patent any interested third party may file an opposition against the Patent application.
  • The applicant will be notified of such opposition and will avail of four months, counted from the IP Office’s notification letter date, to submit its reply.

 

Examination Report

  • The request for the examination report for a Patent application must be filed within 7 years from the filing date.

 

Complementary Certificate for Protection of Medicines and Pharmaceutical Products

  • Applicant’s name, nationality and address.
  • Patent number and name of the invention.
  • Number and date when firstly authorized to place the product in the Macau market. The period that the complimentary certificate is issued for should not exceed seven years in respect to the Patent for which it has been granted.
  • Notarized Power of attorney.

 

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 showing the updated address will suffice.

 

Annuities and Revival

  • Payment can be made without submission of any documents.
  • The first, second and third annuities are included in the application fees.
  • Annual payments must be done during the six month period preceding the respective expiry dates, whether the Patent has been approved or not.
  • The annuities payment is still possible during the grace period (six month period after the annuity payment date) subject to the payment of an additional official tax.
  • A patent may be revived during the course of an additional grace period of 6 months. The revival will only be granted by the Macau IP Office provided it does not infringe on the rights of a third party.

 

Validity

  • The Patent is valid for a period of 20 years from the date of application.
  • The Patent allows the owner the exclusive right to exploit the invention. The rights granted by the Patent may not exceed the scope defined by the claims and the Patent shall be granted with no guarantee as to the accuracy of the description nor may its validity be presumed by virtue of the fact that the respective certificate was granted.

Transitional Provisions

  • Macau Industrial Property Code (in effect since 7 June 2000).
    • The Patents are valid for 20 years from the date of application.
  • Portuguese Industrial Property Code (up to 6 June 2000).
    • The Patents are valid for 20 years from the date of application but if the applications have been filed before 1 June 1995 the Patents are valid for 20 years from the date of application or for 15 years from the date of approval.
  • The term for the protection of Patents extended from Portugal to Macau before 7 July 2000 is tied to the expiry date of the Portuguese Patent and therefore of the same duration. However, annuities must be paid in Macau on the same due date as the Portuguese annuities to maintain their validity in Macau.

Additional Information

  • A Patent may be applied for any invention in any area of technology pertaining to products or processes to obtain a product, substances or compositions, even if they involve a product composed of or containing biological matter or any process that permits the production, treatment or use of biological matter providing that the inventions are novel, involve an inventive step and are able to be applied to the industry.
  • Any biological process for obtaining plant or animal matter is understood to be any procedure that involves crossing or selection from a natural phenomenon. Biological matter is understood to contain genetic information that in a biological system can be duplicated or reproduce itself. Microbiological manipulation or anything that produces microbiological material will be understood as a microbiological process.
  • An invention will not be considered for Patenting:
    • If it is a scientific theory or mathematical method.
    • If the materials or substances used in the invention are found naturally or are nuclear matter.
    • If it involves any projects, rules or procedures for playing games or performing business, computer programs and mental acts, in which all involve the presentation of material;
    • If the invention is such that its use would be illegal, contrary to public order, health or morals.
    • If it is an invention that involves surgical or therapeutic treatment and diagnosis of human or animal bodies or biological processes used to produce breeds of animal or varieties of plants.
    • If it includes the discovery of gene sequences, human cloning or genetic modification processes for commercial purposes.
  • Not more than one Patent may be applied for in the same application and only one Patent may be applied per each invention.
  • A number of related inventions, which constitute a single general inventive concept, shall be considered as a single invention.
  • However, if the Patent registration application does not meet the requirements of unity of invention, the applicant can divide the application to obtain the granting of the original application.
  • Multiple priorities can be claimed for a Patent application and may be cited for the same claim although the priorities come from different countries or territories.
  • Any disclosures to scientific societies, technical associations, and participation in universally recognized competitions, exhibitions or trade fairs will not influence the novelty of the invention as long as the application for the granting of the Patent is filed in Macau within a year. Neither will any revelations resulting from any abuse of the inventor or his successor.
  • The extension of European Patents in not yet in force.

 

Extension of Chinese Patent Application to Macau

 

Application

Required documents in order to extend to Macau a Patent application for an invention filed at the SIPO:

  • Copy of the official filing receipt issued by SIPO (受理通知書).
  • Notarized Power of Attorney with the applicant’s name in Chinese.
  • Once the corresponding Chinese patent application is published, a copy of the notification of publication of the Patent application for an invention must be submitted.

 

The following documents must be submitted in Macau IP Office within three months after the publication of the granting in the P.R. of China:

  • Certified Copy of Extract from the Patent Register (專利登記簿副本).
  • Patent Specifications issued by SIPO (專利說明書).

 

Annuities and Revival

  • Payment can be made without submission of any documents.
  • The first, second and third annuities are included in the application fees.
  • Annual payments must be done during the six month period preceding the respective expiry dates, whether the Patent has been approved or not.
  • The annuities payment is still possible during the grace period (six month period after the annuity payment date) subject to the payment of an additional official tax.
  • A Patent application extension may be revived during the course of an additional grace period of 6 months. The revival will only be granted by the Macau IP Office provided it does not infringe on the rights of a third party.

 

Validity

  • The Patent is valid for a period of 20 years from the date of application in China.

 

Extension of Chinese Patent to Macau

 

Application

Required documents in order to extend a patent granted by SIPO to Macau:

  • Certified Copy of Extract from the Patent Register (專利登記簿副本).
  • Patent Specifications issued by SIPO (專利說明書).
  • Notarized Power of Attorney with the applicants name in Chinese.

All the above mentioned documents must be submitted before the Macau IP Office within a period of three months following the publication of the notice of granting of the patent by SIPO in P.R. of China.

 

Annuities and Revival

  • Payment can be made without submission of any documents.
  • The first, second and third annuities are included in the application fees.
  • Annual payments must be done during the six month period preceding the respective expiry dates, whether the Patent has been approved or not.
  • The annuities payment is still possible during the grace period (six month period after the annuity payment date) subject to the payment of an additional official tax.
  • A Patent extension may be revived during the course of an additional grace period of 6 months. The revival will only be granted by the Macau IP Office provided it does not infringe on the rights of a third party.

Validity

  • The Patent is valid for a period of 20 years from the date of application in China.

 

 If the above information does not fully address questions you may have please do not hesitate to contact us.