Patents Laws in Macau
Here is an overview of the patent laws in Macau:
🧾 Legal Framework
Governing Law: Macau's patent system is primarily governed by the Industrial Property Code (Código da Propriedade Industrial), established by Decree-Law No. 97/99/M on December 13, 1999. This code encompasses various industrial property rights, including patents, utility models, industrial designs, trademarks, and more. (WIPO)
Governing Authority: The Economic and Technological Development Bureau (DSEDT) is the central authority responsible for administering industrial property rights in Macau.(
Invention Patents: These protect new inventions that are novel, involve an inventive step, and are industrially applicable. The protection duration is 20 years from the filing date.
Utility Models: These are granted for new technical solutions that are less inventive than those required for invention patents. The protection term is 6 years, with the possibility of renewal for two additional periods of 2 years each, totaling a maximum of 10 years
📝 Application Process
Filing Methods:
Direct Filing: Applicants can file a patent application directly with the DSEDT.
Re-registration: Applicants may also re-register a patent granted by the China National Intellectual Property Administration (CNIPA) in Macau.
Languages: Applications must be submitted in Chinese or Portuguese.
Online Submission: Applications can be submitted online through the DSEDT's e-Services portal, utilizing a valid electronic signature
Substantive Examination: Applicants are required to request a substantive examination within 7 years from the filing date; otherwise, the application may be refused.
⚖️ Enforcement & Dispute Resolution
Opposition Period: After publication of the application, third parties have the right to file objections to the DSEDT regarding the patentability of the invention.
Judicial Review: Decisions made by the DSEDT can be appealed to the Court of First Instance within one month from the publication date of the decision or the issuance of the respective certificate.
Infringement Penalties: Patent infringement may result in civil and criminal penalties, including fines and imprisonment for up to two years.
🌐 International Treaties
Paris Convention: Macau adheres to the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority from earlier filings in other member countries.
European Patent Extension: European patents can be extended to Macau, provided that the necessary translations and fees are submitted within the stipulated deadlines.
💼 Practical Considerations
Annual Fees: Failure to pay annual fees can lead to the expiration of the patent right.
Amendments: Post-grant amendments are limited to non-essential elements that do not affect the scope of the patent claims.
Legal Representation: For certain legal proceedings, representation by a lawyer admitted to the Macau Lawyers Association is required.ion, you can visit the official DSEDT website:
If you need assistance with specific aspects of the patent process in Macau, feel free to ask!
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