Utility Models

– Decree-Law No. 97/99M, in force since June 6, 2000.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO).
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 4, 1969. (Note: This Convention continues to apply to the territory of the Special Administrative Region of Macao after December 20, 1999.)
– WTO’s TRIPS Agreement, with effect from December 20, 1999.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, with effect from December 20, 1999.

Filing

Applicant: must be any natural or legal person, individual or legal entity, and must provide their name, nationality and address, along with, if different from the applicant, the inventor's name, nationality and address.

Subject of protection: only inventions that so alter a subject matter as to give it a configuration, structure, mechanism or disposition that increases its utility or improves the advantage that can be derived therefrom can be protected as utility models. 

Patentability: a utility model shall meet the patentability requirements foreseen in Section II. “Patents of Invention“, with the exception of those which are not compatible with their nature.

Conversion: the applicant has the option, simultaneously or successively, of applying for an invention patent or a utility model for an invention that can be protected as a utility model. The utility model shall cease to be effective once an invention patent has been granted for the same invention.

Filing requirements for an application (to be handled by a Macao authorized agent):
1. Applicant’s name, nationality and address;
2. Inventor’s name, nationality and address;
3. A notarized power of attorney;
4. A title or a summary of the invention (max. 400 characters);
5. A description of the subject matter and specification of the invention, with drawings if necessary;
6. Claims of what is considered novel and what characterizes the invention;
7. Abstract of the invention;
8. When claiming a priority right, the country, date and number of the earlier application for each claim must be provided. The priority documents may be submitted within three months from the Maco application filing date.

Electronic filing: available.

Electronic signatures: accepted.

Examination, Granting and Protection

Preliminary formal examination: is carried out by the IP Office within a period of two months, after the submission of the application, to check whether the formal requirements are met. Should the application be short of any of the required documents, the applicant must submit the missing elements within two months after being notified, or four months should no notification be sent to the applicant. This period of time can be extended for a further two months, and the non-compliance with the formal requirements will lead to the refusal of the utility model application with publication in the Official Gazette.

Notice of disclosure to the public: once eighteen months have elapsed from the date of submission of the application or, if a priority right has been claimed, from the claimed priority date, the disclosure notice is published in the Official Gazette and the application particulars will be available to the public from that date onwards. The disclosure to the public is possible, before the end of this period, if requested by the applicant at least two months after the initial submission and all the formal requirements are fulfilled.

Opposition: from the publication of the disclosure notice until the date when the utility model is granted, any third part may file oppositions to the patentability of the utility model. The applicant will be notified of such oppositions, and may reply within four months counted from the notification date.

Substantive examination: within four years counted from the application filing date, the applicant must submit a request of examination to be conducted by the designated entity, the China National Intellectual Property Administration (CNIPA). If the applicant fails to submit a request of examination, a third party may request one. The applicant shall be notified of a request of examination filed by a third party, together with a copy of the examination report, and may amend the claims, description, and/or drawings only once.

Granting, partial granting or refusal: the granting or refusal of the utility model shall be notified and published in the Official Gazette. After one month from the publication date of the granting of the utility model, the respective certificate will be issued if no appeal has been filed by any third party.

Assignments, licenses and changes of identity or address: the following details and documents are required: applicant's name and address, original or certified and notarized copy of the deed or official certificate of the changes to be recorded and a notarized power of attorney. It is not compulsory to have the above recorded in the IP Office. However, to be effective towards third parties and to prove the use, it is recommended to have the assignments, licenses and any relevant alterations recorded at the Register for optimal protection of the right.

Duration and renewal: annuities must be paid from the third year onwards, up to a maximum of ten years. The renewal application shall be submitted within the last six months of the current validity period. 

Grace period for renewal: once the term of current validity lapses it is possible, within six months, to pay the official fee plus a fine, being that, the revival of the utility model is possible with the triple payment of the official fee, within one year from the term of current validity.

User’s rights: the utility model allows the owner the exclusive right to use the invention. The rights granted by the utility model may not exceed the scope defined for the claims and the utility model shall be granted with no guarantee as to the accuracy of the descriptions and its validity may not be presumed by virtue of the respective certificate being granted.

Marking: not compulsory.

Transitional Provisions

Under the Macao Industrial Property Code, in effect since July 7, 2000, utility models are valid for six years from the date of application, renewable for two additional periods of two years for a maximum of ten years.