Utility Patents

Filing Requirements
Same as for patents.

Utility patent protection applies to inventions that, besides the usual patentability requirements, consist of an object with an appearance, structure, mechanism or arrangement which may increase the utility thereof or improve its use.

Oppositions
Same as for patents.

Duration
The utility patent right protection runs for 6 years counted from the date of application. This term of protection can be renewed twice for additional periods of 2 years.

National Law for IP matters

Decree-Law 97/99/M of 13 December 1999 (Industrial Property Law)
Decree Law 43/99/M, of 16 August 1999 (Author’s Rights and Related Rights Law)

Macao was under Portuguese administration until 19 December 1999 and subsequently became a Special Administrative Region of the People’s Republic of China. Macao has its own IP legal system and an Office (Economy Services Department) which is independent from the Chinese Patent and Trade Mark Office.

International Law

The Bern Convention for the protection of literary and artistic works
The Paris Convention (including the ratification of Stockholm revision)
WTO and The TRIPS Agreement
The Nice Agreement, relating to the international classification of trade and service marks
WIPO Performances and Phonograms Treaty (WPPT)
WIPO Copyright Treaty (WCT)

Patents

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title, description, claims and abstract of the invention in official language (preferably not exceeding 150 Portuguese words or 400 Chinese characters).
(3) Name and country or territory of residence of the inventor.
(4) Declaration justifying entitlement to the patent in case the applicant is not the inventor or the only inventor.
(5) Declaration by which the inventor opposes the disclosure of his identity, where applicable.
(6) Priority data and documents, if applicable (if not in English, accompanied by certified Portuguese translation; documents should be submitted within 3 months after application date).
(7) Power of Attorney (notarized; may be submitted later).

Oppositions
Oppositions can be submitted between the publication of the disclosure notice in the Official Bulletin and the grant of the patent. Objections shall be transmitted to the applicant who may respond within 4 months counted from notification of the opposition.

Duration
The patent duration begins on the date of application and runs for a period of 20 years, subject to the payment of annuities. This period is extendable through supplementary protection certificates for certain pharmaceutical and phyto pharmaceutical patents.

Utility Patents

Filing Requirements
Same as for patents.

Oppositions
Same as for patents.

Duration
The utility patent right protection runs for 6 years counted from the date of application. This term of protection can be renewed twice for additional periods of 2 years.

Designs

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title of the design or its intended purpose.
(3) Name and country or territory of residence of the designer.
(4) Description of novelty claimed, including the geometrical and ornamental details of the design in official language (preferably not exceeding 150 words in Portuguese or 400 Chinese characters).
(5) Graphical representations or photographs of the design.
(6) Declaration by which the designer opposes the disclosure of his identity, where applicable.
(7) Priority data and documents, if applicable (with certified Portuguese translation; documents should be submitted within 3 months after application date).
(8) Power of Attorney (notarized; may be submitted later).

Oppositions
Oppositions can be submitted between the publication of disclosure notice in the Official Bulletin and the grant of the design registration. Objections shall be transmitted to the applicant who may respond within 2 months counted from notification of the opposition.

Duration
The design registration is valid for 5 years from the date of filing of the application. This term may be renewed up to a maximum validity period of 25 years.

Trade and Service Marks

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Specification of goods or services (Nice Classification; multi-class application not possible)
(3) Graphical representation of the mark.
(4) Priority data and documents, if applicable (if not in English, accompanied by certified Portuguese translation; documents should be submitted within 3 months after application date).
(5) Power of Attorney (notarized; may be submitted later).

Oppositions
Within 2 months after publication in the Official Bulletin. The applicant will be notified and given 1 month to respond.

Duration and Use
The duration of a trade or service mark registration is 7 renewable years counted from the date of grant. The lack of genuine use for 3 consecutive years without due cause is a ground for revocation.