A utility patent refers to granting a patent to a proposed technical plan in respect of the configuration, structure or their combination of a subject matter, so as to increase the utility or improve the usage of the subject matter.
Service target and eligibility of application
1. Any individual who is holding a Macao SAR Resident Identity Card;
2. Any body corporate registered in the Macao SAR and constituted according to the law of the Macao SAR;
3. For those who do not hold a valid Macao SAR Resident Identity Card, or are not a body corporate registered in the Macao SAR, they can appoint one of the following entities as their proxy, and submit the relevant “Power of Attorney”:
- A lawyer registered with the Macao Lawyers Association;
- An individual who is a Macao SAR resident;
- A body corporate registered in the Macao SAR;
- An official industrial property agent authorized or accredited in the Macao SAR (currently not applicable).
Procedures
1. The applicant should complete the form “Application for Registration of Utility Patent” and “Abstract” forms in Chinese or Portuguese, and submits them with the annexes to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor). The relevant fees together with the payment slip should be submitted and paid at the Treasury of the Reception Center of the Economic Services (2nd Floor) within 8 working days upon the application. The fees in patacas should be paid in cash or by cheque, crossed and made payable to Direcção dos Serviços de Economia;
2. If the application is in order, the relevant notice of application will be published on the first Wednesday of every month, in the Series II of Official Gazette of the MSAR, after 18 months counting from the application date or after 18 months counting from the priority date in case of priority is claimed. In the period between the publication date and the grant date of utility patent, any third-party may raise an opposition in writing against the relevant application for the registration;
3. Within 4 years of the date of filing of the main or divisible application, the applicant should complete the “Application of Other Actions” form which can be downloaded on the website of the Economic Services, or obtained for free at the Intellectual Property Department of the Economic Services, and submit to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor) for the application of substantial examination, otherwise the application for registration will be refused;
4. The report of the examination is written by the designated entity;
5. After the application for registration of utility patent has been approved, the information including the relevant registration number, name of the right-holder and the ruling date, etc, will be published on the first Wednesday of every month, in the Series II of Official Gazette of the MSAR;
6. Upon the end of the one-month period for appeals counting from the date of publication of the approval of registration, or five working days after the court decision was acknowledged in the event of an appeal, the applicant should submit the original receipt of the payment of application fees issued by the Economic Services, at the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor) to obtain the registration certificate.
Necessary documents
1. The completed “Application for Registration of Utility Patent” form, (can be downloaded on the website of the Economic Services, or obtain for free at the Intellectual Property Department of the Economic Services);
2. The completed “Abstract” form, (can be downloaded on the website of the Economic Services, or obtain for free at the Intellectual Property Department of the Economic Services), the contents of abstract should not contain more than 150 words or 400 characters;
3. Description of Utility Patent;
4. Descriptive drawings;
5. Claim;
6. Where appropriate, submit the following documents:
- Power of attorney;
- Document of priority right;
- In case of the applicant requests the State Intellectual Property Office of the People’s Republic of China to prepare the report of examination, the translated copy in Chinese should be submitted if the necessary documents for submission (including “Abstract”, description, descriptive drawing and claim, etc.) are not written in Chinese;
- If the power of attorney is not written in official languages of MSAR, translated copy should be submitted in any official languages of MSAR
Processing time
1. The duration for granting the registration depends on the time that the designated entity required for the preparation of the report of examination;
2. Time required for the issue of registration certificate is five working days.
Remarks
1. The duration of utility patent is 10 years counting from the application date. The fee for application of registration has included the annual fees of first two years, and the coming annual fees (including the registered patents and the patent applications) should be paid, within six months of the due date of annual fee in the previous year, by completing the “Application of Other Actions” form which can be downloaded on the website of the Economic Services, or obtained for free at the Intellectual Property Department of the Economic Services, and submit to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor) for the application of payment of annual fee.;
2. In the following cases, an annotation is required to record or inscribe in the respective application document and registration certificate:
- Assignment of the right of utility patent;
- Alteration of the name of applicant, right-holder or body corporate;
- Alteration of the address of applicant, right-holder or body corporate.
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