Frequently asked questions
- Does extending an invention patent granted by the China National Intellectual Property Administration (CNIPA) to the Macao SAR require re-application for substantive examination?
- Can the time limit for application for invention patent extension in the Macao SAR, which is 3 months from the publication of the grant of patent in the Patent Gazette of CNIPA, be extended?
- Can the applicant on the “Copy of Extracts from the Patent Register” and “Invention Patent Specification” issued by CNIPA be inconsistent with the one applying for extension of invention patent in the Macao SAR?
- Do I need to appoint a lawyer or an agent for application of patent registration?
- What is the stamp-duty required to be affixed onto the “Power of Attorney” and its translated version?
- When will the applicant obtain the registration certificate after the publication of approval?
- How to pay the annual fee of patent registrations?
- Is the transfer of the ownership of patent application / registered patent allowed? Is the issuance of a patent license to a third party allowed?
1. Does extending an invention patent granted by the China National Intellectual Property Administration (CNIPA) to the Macao SAR require re-application for substantive examination?
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 the Macao SAR.
2. Can the time limit for application for invention patent extension in the Macao SAR, which is 3 months from the publication of the grant of patent in the Patent Gazette of CNIPA, be extended?
According to the relevant requirements of the Industrial Property Code, the three-month time limit for application for extension of invention patent from CNIPA cannot be extended.
3. Can the applicant on the “Copy of Extracts from the Patent Register” and “Invention Patent Specification” issued by CNIPA be inconsistent with the one applying for extension of invention patent in the Macao SAR?
Must be consistent, otherwise other documentary proof (such as proof of change in bibliographic data) must be provided.
4. Do I need to appoint a lawyer or an agent for application of patent registration?
Similar to the registration of other industrial properties, an applicant who holds a valid Macao SAR Resident Identity Card, or is a body corporate registered in the Macao SAR, can perform the application on his own or by appointing an agent. Other applicants must appoint one of the following entities as an agent by submitting an effective Power of Attorney:
- A lawyer registered with the Macao Lawyers Association;
- An individual holding a Macao SAR Resident Identity Card;
- A body corporate registered in the Macao SAR.
5. What is the stamp-duty required to be affixed onto the “Power of Attorney” and its translated version?
No stamp duty is required for Power of Attorney. Stamp duty must be paid for the translation of Power of Attorney together with the certificate of translation, with 5 patacas for each page, and an additional 10 patacas per certificate.
6. When will the applicant obtain the registration certificate after the publication of approval?
The applicant may bring along the receipt of payment of the application fee to obtain the certificate at the Economic and Technological Development Bureau, one month after the approval of registration is published in the Official Gazette of Macao SAR (which is the end of the validity period for appeal). If there is an appeal, the applicant may obtain the certificate within 5 days after the final decision of the court.
7. How to pay the annual fee of patent registrations?
To perform the administrative procedure of paying annual fee of patent, the applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Application Form of Request for Other Actions), and submit the application of paying annual fee to the Economic and Technological Development Bureau with the relevant fees.
The applicant needs to submit the application of paying annual fee, with the relevant fee, within the 6 months before the expiry date. If the expired date has passed, the fee shall be paid with an additional fee within 6 months counting from the expired date, otherwise the relevant registration will become invalid.
8. Is the transfer of the ownership of patent application / registered patent allowed? Is the issuance of a patent license to a third party allowed?
Yes. The applicant or owner may complete the “其他行為申請書 / Pedido de Outros Actos” form (Application Form of Request for Other Actions), accompanied by documents that verify the transfer, patent license or other supporting documents, and submit the application to the Economic and Technological Development Bureau with relevant application fees.
For other questions, please visit the “Intellectual Property – FAQ” page of the DSEDT website.