- Applicant’s name nationality, and address.
- Inventor’s name and residential address.
- Title or description which summarizes the object of the invention.
- Specifications of the invention.
- Claims of what is considered novel and what characterizes the invention.
- Abstract of the invention.
- Summary of the invention (preferably up to a limit of 150 words or 400 characters).
- Drawings necessary so as to provide a complete understanding of the written description.
- Priority right (if claimed) – country, date and number of the presentation for each claim (the original or certified true copy of the priority document should be submitted within three months from the date of application).
- Notarized Power of attorney.
- The Utility Model specifications, claims, title, written description of the drawings and abstract must be submitted in the Chinese language. One figure must be chosen for publication in Macau Official Gazette.
- After 18 months from the filing date of the Utility Model application, or from the priority date if a priority right has been claimed, the Macau IP Office will publish the Utility Model application in the Macau Official Gazette.
- From the publication date until the granting of the Utility Model any interested third party may file an opposition against the Utility Model 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.
- The request for the examination report for a Utility Model application must be filed within 4 years from 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 and second annuities are included in the application fees.
- Annual payments must be done during the six month period preceding the respective expiry dates, whether the Utility Model 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 Utility Model may be revived during the course of an additional grace period of 6 months. The revival will be granted by the Macau IP Office provided it does not infringe on the rights of a third party.
- The Utility Model is valid for a period of 10 years from the date of application.
- Macau Industrial Property Code (in effect since 7 July 2000).
- The Utility Models are valid for six years from the date of application, renewable for two additional periods of two years for a maximum of 10 years.
- Portuguese Industrial Property Code (up to 6 June 2000).
- The Utility Models are valid for 15 years from the date of application but if approved before 1 June 1995 are valid for 15 years from the date the first payment is due after 1 June 1995. However, if the application was before 1 June 1995 and approved after this date they are valid for 15 years from the date of approval.
- The term for the protection of the Utility Models extended from Portugal to Macau before 7 July 2000 is tied to the expiry date of the Portuguese Utility Model and therefore has the same duration. However, annuities must be paid in Macau on the same due date as the Portuguese annuity to maintain their validity in Macau.
- Utility Models provide protection to inventions that alter the configuration, structure, mechanism, or arrangement in a manner that increases usage or improves output.
- The applicant has the option to apply for a Patent for an invention or Utility Model either successively or simultaneously.
- The Utility Model will cease to be effective once an invention Patent has been granted.
If the above information does not fully address questions you may have please do not hesitate to contact us.