Invention patent granted from the State Intellectual Property Office (SIPO) in the People’s Republic of China or the application of invention patent can be extended to the Macao SAR, according to paragraph 2 of article 131 and article 135 of the Industrial Property Code approved by Decree-Law no. 97/99/M on the 13th of December, and article 4 and article 5 of the Notice of Chief Executive no. 7/2004 on the 24th of March.
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. To obtain protection in the Macao SAR, applicant who has filed an application of invention patent at the SIPO:
--- Should complete the “Application for Extension of Invention Patent from the State Intellectual Property Office” form in Chinese or Portuguese, and submit it 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;
--- 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 in the mainland or after 18 months counting from the priority date in case of priority is claimed;
--- Within three months following the publication of the notice of the granting of the patent in the “Patent Gazette” of the SIPO, 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 “The Copy of Extracts from the Patent Register” and “Patent Specification” issued by the SIPO to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor);
--- After the application for registration of invention patent has been approved, the information including the relevant extension 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;
- --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.
2. To obtain protection in the Macao SAR, patent-holder who holds an invention patent granted at the SIPO:
---Should complete the “Application for Extension of Invention Patent from the State Intellectual Property Office” form in Chinese or Portuguese, and submit “The Copy of Extracts from the Patent Register” and “Patent Specification” issued by the SIPO to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor), within three months following the publication of the notice of the granting of the patent in the “Patent Gazette” of the SIPO. 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;
--- After the application for extension of invention patent has been approved, the information including the relevant extension 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;
--- 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 Extension of Invention Patent from the State Intellectual Property Office” 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 Copy of Extracts from the Patent Register” issued by the SIPO;
3. “Patent Specification” issued by the SIPO;
4. Where appropriate, submit the following documents:
- Descriptive drawings;
- Power of attorney;
- If the power of attorney is not written in official languages of MSAR, translated copy should be submitted in any official languages of MSAR (Chinese or Portuguese);
- Other supporting documents (please consult with the Intellectual Property Department of the Economic Services).
Processing time
1. If the documents have been presented in order, the extension will be granted in approximately three to four months;
2. Time required for the issue of registration certificate is five working days.
TEL：00853-
