Frequently asked questions
- What are the differences between invention patent, utility patent and industrial design and model?
- What do I need to do in order to claim priority of an earlier industrial design and model application abroad?
- What is the stamp-duty required to be affixed onto the “Power of Attorney” and its translated version?
- Is a disclosed design eligible for registration?
- Are the colors of registered “industrial designs and models” protected?
- How to classify my industrial design and model?
- How to perform the administrative procedure of paying annual fee of industrial design and model? What happens if the annual fee is not paid on time?
1. 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.
2. What do I need to do in order to claim priority of an earlier industrial design and model application abroad?
When applying for an industrial design and model in the Macao SAR with the same subject-matter, the applicant may claim priority within 6 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. Is a disclosed design eligible for registration?
A design needs to demonstrate its novelty for registration purposes. The Patent and Copyright Division may refuse an application for registration due to lack of novelty. A design is considered to be publicized in the following situations: (i) the design has been announced or shown in an exhibition, (ii) the design has been used in the commercial sector, (iii) the design is well-known to the public.
Moreover, designs are not considered as disclosed under the following circumstances:
(a) any third party obtained the design under explicit or inexplicit confidentiality;
(b) disclosed by creator, creator’s successor or third party based on given information or actions taken;
(c) disclosed in an international exhibition held by the Government of the Macao SAR or approved by the Government, or disclosed in a training course, exhibition or trade fair recognized worldwide, or recognized by the Government of the Macao SAR or any country / region of the World Intellectual Property Organization or Union for the Protection of Industrial Property;
(d) 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.
5. Are the colors of registered “industrial designs and models” protected?
In registered industrial designs and models, colors of the product or decoration are protected. Whenever an industrial design and model contains colors, the applicant should claim the right of using the colors and attach them with relevant figures or photos that show the colors in the application.
6. How to classify my industrial design and model?
The applicant can refer to the “Locarno Classification” issued by the World Intellectual Property Organization to classify the industrial design and model.
For details, please refer to the website of World Intellectual Property Organization, http://www.wipo.int/classifications/locarno/en/ (English and French versions only).
7. How to perform the administrative procedure of paying annual fee of industrial design and model? What happens if the annual fee is not paid on time?
To perform the administrative procedure of paying annual fee of industrial design and model, 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.
For details, please refer to “Intellectual Property – Administrative Procedures” in the website of the Economic and Technological Development Bureau.
For other questions, please visit the “Intellectual Property – FAQ” page of the DSEDT website.