Macau is one of two Special Administrative Regions (SAR) of the People's Republic of China. Registering your patents in China Mainland and Hong Kong doesn't give you protection in Macao, so it’s necessary to file Macau Patents if you want to obtain patent protection in Macau.

There are three patent types in Macau, i.e., invention, utility, and design and model. Macau Patent Office carries out a substantive examination to all of the three types of patents.

1. Invention patent

According to the Patent Act 1999, the term "invention” refers to any new technical solution relating to a product, a method or an improvement thereof.

“Product” refers to all kinds of new products manufactured by industrial methods, including items with a certain shape and structure, such as solid, liquid and gas.

"Method" refers to the method of processing the raw materials into a variety of products. It is not required that an invention patent can be directly applied to industrial production and technological achievements. It can be a solution or an idea to solve the technical problem, having the possibility of industrial application. However, such technical solution or idea should not be confused with proposing pure conceptions because pure conceptions cannot be applied to industrial applications.

There are two ways to obtain a patent in Macau – through filing of a new patent application, or by re-registration of a patent granted by CNIPA.

a) Filing patent application with or without claiming priority

The applicant can submit a direct patent application with the Macao SAR Economic and Technological Development Bureau or in accordance with the Paris Convention within 12 months from the priority date.

Requirements:

1) Information of Applicant/inventor - name, nationality, address;

2) Abstract, Description, Claims and drawings (if applicable) of the invention;

3) Notarized Power of attorney;

4) Priority document - if claimed.

Timeline: 18 months after application, a notice will be published in the Official Gazette. Within the 7 years that follow the filing, the applicant must request or submit the examination report. If all is filed and requested without delays the Macao SAR Economic and Technological Development Bureau is taking 3 years from receipt of application to registration, provided that there are no deficiencies in the application and no objections are raised by the Macao SAR Economic and Technological Development Bureau or by a third party.

Protection: if granted, the registration will be effective for 20 years from the day of application.

Flowchart of Application Process for Invention Patent:

b) Re-registration of a patent granted by CNIPA

After the application of the invention patent is filed in China, the application for the extension of the patent to Macau can be requested at many stages of this application in China - Submission, publication or grant. We generally advise to do only the application of the extension after the grant in China, because it will require less steps, work and resources from client.

Within three months (not extendable) following the publication of the notice of the granting of the patent in the “Patent Gazette” of the CNIPA, the request can be made with the following information and documentation.

Requirements:

1) Information of Applicant/inventor - name, nationality, address;

2) Figures for the description;

3) Notarized Power of attorney;

4) CNIPA Document –Application Form for Extension of Invention Patent from the China National Intellectual Property Administration with the abstract, description, claims, notice of acceptance of application or certified copy of the patent certificate.

Timeline: 

The Macao SAR Economic and Technological Development Bureau is taking 3 to 4 months for extension after the request, provided that there are no deficiencies in the application and no objections are raised by the Macao SAR Economic and Technological Development Bureau or any third party.

Protection:

If granted, the duration of invention patent is 20 years counting from the application date in mainland China.

Flowchart of Application Process for Extension of Invention Patent from the CNIPA:

2. Utility Patent

The term "utility patent" refers to any new technical solution relating to a product shape, structure, or a combination thereof, which is fit for practical use. Same as an invention patent, a utility patent also protects a technical solution. However, the protective scope of the utility patent is comparatively smaller, namely, protecting the new products with a certain shape or structure merely. A utility patent DOES NOT protect the method and the substance without definite shape comparing with the invention patent, utility patent pays special attention to the utility of the technical solution, and the technical level of a utility patent is lower than that of an invention patent.

Requirements:

1) Information of Applicant/inventor - name, nationality, address;

2) Abstract, Description, Claims and drawings of the utility;

3) Notarized Power of attorney;

4) Priority document - if claimed.

Timeline:

18 months after application, a notice will be published in the Official Gazette. Within the 4 years that follow the filing, the applicant must request or submit the examination report. If all is filed and requested without delays the Macao SAR Economic and Technological Development Bureau is taking 2 years from receipt of application to registration, provided that there are no deficiencies in the application and no objections are raised by the Macao SAR Economic and Technological Development Bureau or by a third party.

Protection: 

If granted, the registration will be effective for 10 years from the day of application and renewal fee should be paid year by year.

Flowchart of Application Process for Utility Patent:

3. Design and Model

The term “design and model” refers to any new design of a product's shape pattern or a combination thereof, as well as the combination of the color and the shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application. It is also stipulated that any design for which a patent is granted shall not be attributed to the existing design, and no entity or individual has before the date of application, filed an application with Macau Patent Office on the identical design and recorded it in the patent documents published after the date of application.

Requirements:

1) Information of Applicant/designer - name, nationality, address;

2) Abstract, drawings or photos of the design;

3) Notarized Power of attorney;

4) Priority document - if claimed.

Timeline: 

12 months after application, a notice will be published in the Official Gazette. Within the 30 months that follow the filing, the applicant must request or submit the examination report. If all is filed and requested without delays the Macao SAR Economic and Technological Development Bureau is taking 2 years from receipt of application to registration, provided that there are no deficiencies in the application and no objections are raised by the Macao SAR Economic and Technological Development Bureau or by a third party.

Protection: 

If granted, the registration will be effective for 25 years from the day of application and renewal fee should be paid every five years.

Flowchart of Application Process for Industrial Design and Model: