Patents, Utility Models, Industrial Designs & Patterns

Patents, utility models, industrial designs and patterns may be registered in Macau.

Due to the history of the Macau area, the system for the protection of patents in Macau is still generally regulated by the Portuguese system.

An application for a patent is filed either via the Department of Economic Services (DSE) or directly at the Instituto Nacional de Propriedade Industrial (National Industrial Property Office) of Macau.

The Industrial Property Gazette publishes a notice that the application was filed with the INPI (National Industrial Property Institute), together with an abstract submitted by the applicant. The applicant is temporarily granted protection after the patent is registered. After the description and drawings have been delivered to the INPI, an examination of the application is conducted together with the respective international classifications, after which a report is prepared within six months of the publication of the notice of application. A patent is granted or rejected according to the examination. If the examination is favorable, a notice will be published in the Intellectual Property Gazette, to allow for third party opposition. If there is no opposition or rejection of the patent, the patent will be granted.

The procedures for granting patents for utility models and industrial designs and patterns are the same as those for patents, apart from the necessary differences owing to their unique features.

The owners of patents and other rights have exclusive exploitation rights in Macau and can prevent third parties from making, storing, using, importing or introducing into the market, any products that breach their exclusive rights or oppose any actions that may result in infringement. Infringement in Macau is subject to criminal liabilities.

 Documents required for filing an application for a patent, utility model, industrial design and pattern are:

• The Instituo Nacional de Propriedade Industrial (National Industrial Property Institute) application form, to be completed by the agent.
• Power of Attorney, signed by the applicant, and notarized.
• Two copies of a specification. This must include:
  •     A description regarding the novelty and features of the invention;
  •     the object of the invention;
  •     drawing(s) required to understand the invention; and
  •     an abstract of the invention.
• Country where the first application was filed, together with the corresponding filing date and number, in the event the applicant wishes to claim priority.