Starting from July 1, 2023, 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 can submit applications through the Guangzhou Agency and the Shenzhen Agency of the Patent Office of the State Intellectual Property Office. Relevant application materials will enable invention patent applications that meet relevant conditions to receive priority examination in the Mainland. This pilot project supports residents of the Macao SAR to protect their intellectual property rights in the mainland more conveniently and effectively, and makes convenient arrangements for priority examination of invention patents in the mainland for applicants from the Macao SAR. Correspondingly, what should mainland applicants do if they want to apply for a patent in Macao? This article will introduce the Macao patent system.
Introduction to Macao Patent System
1. Macao patent application submission language:
- Chinese, Portuguese
2. Types of patent protection:
- Inventions, utility models, designs
3. Ways for Chinese applicants to apply for patents in Macao:
- Paris Convention and invention patents extended to Macau
4. Review unit:
- Macao Special Administrative Region Government Economic and Technological Development Bureau
5. Submit application:
- electronic submission
6. Review process:
- Patent:
- Similar to the application process for invention patents in mainland China, an announcement will be made about 18 months after the application. From the announcement date to the authorization date, anyone can raise objections to the application; after submitting the application, a practical review must be requested within 7 years, and the practical review will generally be submitted to It will be handled by the State Intellectual Property Office of China and will be authorized after passing the actual review. The maximum validity period of a patent is 20 years. Regardless of whether it is authorized or not, an annual fee must be paid every year starting from the 4th year to maintain the validity of the application or registration.
- Invention extension patent:
- If you have applied for an invention patent in mainland China, you can extend the Chinese invention patent to Macao. The application period is within 3 months after the announcement of the Chinese invention patent authorization.
- Utility model patents:
- Different from utility model patents in mainland China, an examination report is required within 4 years after application, but there is no need to pay examination fees. The patent will be authorized after passing the examination. The maximum validity period of a patent is 10 years. Regardless of whether it is authorized or not, an annual fee must be paid every year starting from the 3rd year to maintain the validity of the application or registration.
- Design patent:
The protected object is similar to that of mainland China's design patent, but it needs to pass substantive examination and it will take about 1.5 to 2 years to be authorized and issued if the application is successful. The maximum validity period of a patent is 25 years. Regardless of whether it is authorized or not, an annual fee must be paid every year starting from the 6th year to maintain the validity of the application or registration.
7. Application documents:
- Invention/utility model patents:
- Applicant’s name and address
- Inventor’s name and country of residence
- Chinese patent documents (including abstract, claims, specification and description drawings)
- Authorization letter signed by the applicant in front of a notary public
- The place of priority application, application number and filing date (if priority is claimed), a copy of the priority certification document can be submitted within three months after the filing date
- Invention extension patent:
- Applicant’s name and address
- Inventor’s name and country of residence
- "Copy of Patent Register" and "Text of Authorization Announcement" issued by China State Intellectual Property Office
- Authorization letter signed by the applicant in front of a notary public
- Design patent:
- Design drawing (provide at least 6 views of the design product)
- Design name
- Applicant’s name and address
- Inventor’s name and country of residence
- Authorization letter signed by the applicant in front of a notary public
- The place of priority application, application number and filing date (if priority is claimed), a copy of the priority certification document can be submitted within three months after the filing date
8. Protection period:
- Invention patent: 20 years from the filing date
- Invention extension patent: 20 years from the date of domestic application
- Utility model patent: 10 years from the filing date
- Design patent: 25 years from the filing date
Features of Macao patents
Chinese invention patent applications can be directly extended to Macao
- The acceptance stage has not yet been made public, and the documents that need to be submitted include: 1) Notarized authorization letter; 2) A copy or scan of the acceptance notice.
- The Chinese patent application has been published domestically but has not yet been authorized. The documents that need to be submitted include: 1) Notarized letter of authorization; 2) Invention patent application publication instructions.
- For invention patents that have been authorized in China, the documents that need to be submitted include: 1) notarized letter of authorization; 2) original copy of the patent register; 3) text of the authorization announcement.