Frequently asked questions
- Do I need to re-apply for a patent registration, in the Macao SAR, which has been applied for in a foreign country? Is there anything that I need to pay attention to?
- What do I need to do in order to claim priority of an earlier patent application abroad?
- What is the stamp-duty required to be affixed onto the “Power of Attorney” and its translated version?
- An invention has been shown in an exhibition. Is the invention eligible for a patent grant?
- What are the differences between invention patent, utility patent and industrial design and model?
- What kind of technologies can only be applied for invention patents, but not utility patents?
- Are the rules / methods applied for games or sport activities eligible for patent grant?
- If two or more persons cooperate and complete an invention, to whom will the invention patent belong?
1. Do I need to re-apply for a patent registration, in the Macao SAR, which has been applied for in a foreign country? Is there anything that I need to pay attention to?
Similar to the registration of other industrial properties, the Macao SAR’s patent registration system is territorial. In order to obtain patent protection in the Macao SAR, an applicant needs to submit the application locally, despite the fact that the patent has been registered in a foreign country. The applicant should pay attention to the deadline of the claim of priority rights. This is because the invention will no longer be considered as a new invention if the period for claim of priority rights has expired or the invention has been publicized in a foreign country.
2. What do I need to do in order to claim priority of an earlier patent application abroad?
When applying for a patent in the Macao SAR with the same subject-matter, the applicant may claim priority within 12 months counting from the date of the first application in any of the countries or territories members of the WTO or of the International Union for the Protection of Industrial Property. The applicant needs to include information on the priority right (i.e. country / region, date and number of the earlier application) in the application form, and provide the documents for proof of priority claimed within three months from the filing date in Macao SAR.
3. 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.
4. An invention has been shown in an exhibition. Is the invention eligible for a patent grant?
An invention is still considered as a new invention if (i) it is only disclosed to the scientific community or technical organizations, or (ii) it is disclosed due to official or officially approved competition, exhibition or trade fair held in the Macao SAR or foreign countries, when the application is submitted within 12 months from the disclosure and proof of the above-mentioned disclosures is submitted within 3 months from the date of application.
5. What are the differences between invention patent, utility patent and industrial design and model?
Invention patents and utility patents focus on the improvement of the function, technology adopted, manufacturing technique, users’ convenience, etc. of a product. However, the technical level of a utility patent is lower than that for invention patent.
Industrial design and model refers to the protection of 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.
Therefore, industrial design and model are obviously different from the invention and utility patents, especially because the former focus on aestheticism and art in the design that can increase the competitiveness of a product in the market.
6. What kind of technologies can only be applied for invention patents, but not utility patents?
The targets of protection of invention and utility patents are different. In comparative terms, the target scope of protection of invention patents is wider than that for utility patents: methods, substance (no specific form), biomaterials and the application thereof only apply for invention patents. Products (with a specific form) can apply for invention patents and/or utility patents. If a person applies both types of patents at the same time, only an invention patent or a utility patent will be granted.
7. Are the rules / methods applied for games or sport activities eligible for patent grant?
No. The rules / methods applied for games or sport activities are generated by men’s intellectual processes including those of reasoning, analysis and judgment. Patents shall not be granted for them because they only involve the rules / methods of intellectual activity.
8. If two or more persons cooperate and complete an invention, to whom will the invention patent belong?
If all of them gave inputs for the idea and implementation of the invention, which generate improvement or offer technical solutions to problems, they will co-own the patent. However, in case, only one of them generates the idea for the invention and others only follow his instructions, he will be the sole inventor. He will be the only person who has the right to apply for and own the patent.
For other questions, please visit the “Intellectual Property – FAQ” page of the DSEDT website.