Macau SAR applicants can now submit requests for priority review on the mainland

Submitted by song on
来源:
页之码IP

Starting from July 1, 2023, Macao SAR applicants with invention patents in the substantive examination stage in the Mainland can submit paper copies to the Guangzhou Agency and Shenzhen Agency of the China National Intellectual Property Office and the China Patent Office by mail or in person at a window. , submit a request for priority review.

A patent application requesting priority examination must meet the following conditions:

  • The invention patent application of the Macao SAR applicant is in the substantive examination stage in mainland China.
  • Patent applications must be electronic applications (paper applications should be converted to electronic applications and submitted).
  • It belongs to the technical fields stipulated in the "Measures", and the relevant application classification numbers fall within the scope of the "Reference Table of Strategic Emerging Industry Classification and International Patent Classification (2021) (Trial)".
  • "Macao SAR applicants" include permanent residents of the Macao SAR, companies established in accordance with the Commercial Code of the Macao SAR and other legal entities or organizations in the Macao SAR. The same applies to Macao SAR applicants as co-applicants in invention patent applications.

Application materials should include:

  • "Patent Priority Examination Request" in duplicate
    • Macao applicants who do not have a habitual residence or business office in the Mainland must entrust a patent agency to submit the application.
    • If a Macao patent applicant has an economic residence or business office in the Mainland, he or she may submit an application on his own. The application must be signed or stamped by all applicants.
    • The request must be filled in with a valid contact person, contact number and contact address. The contact address must be an address in mainland China.
  • Identity documents
    • If the Macao SAR applicant is a natural person, he or she must submit a copy of the Macao permanent resident identity card.
    • If the Macao SAR applicant is a company or other legal entity or organization, a copy of the corresponding subject’s qualification and identity document should be provided.
    • If a Macao SAR applicant with a habitual residence or business place in mainland China has not entrusted a patent agency, he should also submit documents proving that he has a habitual residence or business place in mainland China.
  • Existing technical information materials
    • Prior art refers to technology that was known to the public at home and abroad before the filing date (or priority date) of an invention patent application. This includes technologies that have been publicly published in domestic and foreign publications, publicly used at home and abroad, or otherwise known to the public before the filing date (or priority date).
    • For patent documents, only the first page of the patent document can be provided.
    • Non-proprietary documents, such as journals or books, provide home pages and related pages.
  • Relevant supporting documents
    • Including the relevant technical fields to which the patented technology belongs and a statement from all applicants agreeing to priority examination.
    • Commitment that all priority review request documents are true and valid, and shall be stamped or signed by all applicants.

Other notes:

  • If the same applicant applies for both a utility model and an invention for the same invention on the same day (only the filing date), the invention patent application will generally not be subject to priority examination.
  • Applicants should be responsible for the authenticity, legality and validity of the submitted application materials.
  • If there are foreign language materials in the application materials, the corresponding Chinese translations should be provided.
  • No official fees are charged.