Macau Patent Application
Registration of Industrial Design and Model
A creation whose appearance represents a product in whole or in part by virtue of such characteristics as lines, contours, colours, forms, textures and/or the materials used in the product itself and/or its ornamentation and which meets the requirements of novelty and unique character, may apply for the registration of industrial design and model for protection.
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).
Application Process
1. Patent Filing
2. Preliminary Exam
3. Patent Publication: 18 months from the priority date
4. Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.
5. 90 days to respond office action from the formal examination.
6. Acceptance or rejection
7. Payment of the Final Taxes and Title.
Necessary documents
1. The completed “Application for Registration of Industrial Design or Model” 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), and the contents of abstract should include the description of the innovative characteristic of the product, but limited to 150 words or 400 characters;
3. Descriptive drawings or photos;
4. Where appropriate, submit the following documents:
-Power of attorney;
-Document of priority right;
-Application for request of delay of publication;
-If the certificates or other documents are not written in official languages of MSAR, translated
copies should be submitted in any official languages of MSAR (Chinese or Portuguese). Processing time and validity
1. The timing for granting of registration is within 12 months after the publication of the relevant application in Official Gazette of the MSAR;
2. Time required for the issue of registration certificate is five working days.
3. Concession of the Patent Grant: 20 years
4. Concession of the Utility Model or Design Application: 15 years
Remarks
1. The duration of industrial design or model is 25 years counting from the application date. The annual fee of industrial design or model counts from the application date, and the fee for application of registration has included the annual fees of first five years, and the coming annual fees (including the registered industrial design or model and the application of industrial design or model) should be paid, within six months of the due date of annual fee of 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 industrial design or model;
-Alteration of the name of applicant, right-holder or body corporate;
-Alteration of the address of applicant, right-holder or body corporate.
The applicant or right-holder 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, accompanying with the supporting document of annotation, and submit to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor) for the application of annotation. For right-holder, who has obtained registration, should also submit the original of registration certificate. The relevant annotation will be published on the first Wednesday of every month, in the Series II of Official Gazette of the MSAR, and the right-holder, who has submitted the certificate of registration, should collect the registration certificate at the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor), ten working days after the publication of the annotation.