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Macau Patent

Invention Patent
  • New technical schemes for products, methods or improvement to existing technologies
  • Substantive examination by request within 7 years from the date of filing
  • Average time of examination: 2 – 4 years
  • 20 years from the application filing date
  • Filing fee: USD 785!
  • Applications of Invention patent filed at the China can be extended to Macau
    -Average time of completion: 3 – 4 months
Utility Patent
  • New technical schemes for shape, structure or their combinations of a product
  • Methods, substance (no specific form), biomaterials and the application thereof are not eligible for utility patent
  • Substantive examination by request within 4 years from the date of filing
  • Average time of examination: 2 – 4 years
  • 10 years from the application filing date
  • Filing fee: USD 685 !



Industrial Model/Design
  • Shape, pattern, color or their combinations applied on a new design of a product, which is aesthetic and capable of being applied on an industrial scale
  • Substantive examination by request within 30 months from the date of filing
  • Average time of examination: 2 – 3 years
  • 25 years from the application filing date
  • Filing fee: USD 710 !





Key Facts


Publication of patent application
Invention Patent and Utility Patent:
18 months from filing date or priority date
Industrial Model/Design
12 months from filing date/priority date

Maintaining patent rights
It is necessary to pay an annual fee to maintain the validity of a patent application/registration, irrespective of whether the patent is granted:
Invention Patent:
Annually from the 4th year of application filing date
Utility Patent:
Annually from the 3rd year of application filing date
Industrial Model/Design:
Annually from the 6th year of application filing date

Useful Links
Macao Economic Bureau (DSE) – Intellectual Property rights section
 Invention Patent Search System
 Utility Patent Search System
 Industrial Design and Model Search System
 Patent Search System related to Extended Invention Patent from China

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FAQ

Following documents are required for filing an application in Macau:
  • Certified copy of priority application (electronic copy will suffice), if priority is claimed
  • Notarized and executed Power of Attorney
  • Certified copy of priority application, if priority is claimed
  • Specification
  • Drawings (necessary for Design patent application)
Rest assured that we will help to prepare the documents and make sure all the necessary documents are in good order to avoid any formality rejection.
Yes, the Macao Economic Bureau (DSE) accepts the applications filed in Chinese and Portuguese.
The scope of protection of Invention and Utility patents are different. In comparative terms, the scope of protection of invention patents is wider than that for utility patents. Specifically, methods, substance (no specific form), biomaterials and the application thereof can only be applied as invention patents; whereas products (with a specific form) can be applied for invention patents and/or utility patents.
  • Invention: 20 years from application filing date
  • Utility patent: 10 years from application filing date
  •  Industrial Model/Design: 25 years from application filing date
As the invention patent granted by CNIPA has already passed the substantive examination, it does not need to undergo another substantive examination when being extended to Macao SAR.
With Champion IP’s exclusively “one-stop service” for patent protection in 4 regions - Hong Kong, China, Taiwan and Macau, you need not worry on planning your patent protection in these regions – we will provide the best filing strategy based on your demand and target market.
No, it is not possible to extend the time limit for filing a request of extension of application.
Invention Patent and Utility Patent:
If the disclosure relates to one of the following circumstances, a grace period can be claimed to avoid it affecting the validity of the patent application:
  • disclosed to the scientific community or technical organizations,
  • disclosed due to official or officially approved competition, exhibition or trade fair held in the Macao or foreign countries
To claim the grace period, it is necessary to file the patent application within 12 months of the disclosure.

Industrial Model/Design:
Under the following circumstances, a design would not be considered as disclosed:
  • any third party obtained the design under explicit or inexplicit confidentiality;
  • disclosed by creator, creator’s successor or third party based on given information or actions taken;
  • disclosed in an international exhibition held or approved by the Macau Government, or disclosed in a training course, exhibition or trade fair recognized worldwide, or recognized by the Macau Government, or any country / region of the World Intellectual Property Organization or Union for the Protection of Industrial Property;
  • disclosed due to abuse of the rights of creator or creator’s successor.
To claim unavoidable disclosure under the circumstances (b) & (c), the applicant needs to provide proof within 3 months counting from the date of application.

Yes. For foreign applicant, it is mandatory to designate a qualified agent to file patent applications in Macau.

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