Patents FAQs
1. What are the differences between invention patent, utility patent and industrial model & design?
A: 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 model & design 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 a industrial scale.
Therefore, industrial model & design 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. How to calculate the durations of protection of registered invention patent, utility patent and industrial model & design?
A: For registered invention patents (or applied by extension), the duration of protection is 20 years, counting from the date of application (or the date of application in China).
For registered utility patents, the duration of protection is 10 years, counting from the date of application.
For registered industrial models & designs, the duration of protection is 25 years, counting from the date of application.
3. What kind of technologies can only be applied for invention patents, but not utility patents?
A: 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.
4. Why does discovery not classify as invention patent?
A: Discovery does not comply with the definition of invention or creation because it does not contain creative elements. Examples include the discovery of a substance, phenomenon, conversion process, property and rule. Therefore, a patent will not be granted for a discovery.
5. Is the principle / mathematical method of “Law of Conservation of Energy”eligible for patent grant?
A: The process of invention uses the laws of nature, scientific principles or technical means to solve technical problems. However, laws of nature and scientific principles, such as “Law of Conservation of Energy” and “Law of universal gravitation”, cannot solve technical problems by way of the law or principle itself. Therefore, patents shall not be granted for them according to article 62 (1) of the “Industrial Property Code” .Mathematical method, such as that for calculating the area of a sphere, is a rule or method guiding us how to think, identify, judge and memorize data. Since a mathematical method itself does not use technical means to solve technical problems and it does not form technical results, patent shall not be granted for it according to article 62 (1) of “Industrial Property Code”.
6. Are the rules / methods applied for games or sport activities eligible for patent grant?
A: 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.
7. Are the inspection methods of products protected by patent rights?
A: The inspection methods of products, which utilize laws of nature or technical means to form a technical scheme, are protected by patent rights. However, the inspection methods of products, which utilize artificial rules and methods, are not eligible for granting patent.
8. If two or more persons cooperate and complete an invention, to whom will the invention patent?
A: 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.
9. Can an applicant abandon his patent application upon completion of patent search and patent examination report?
A: Yes. An applicant can evaluate the value of his patent based on the results of patent search and patent examination report, in order to decide whether to obtain the “Registered Patent Certificate” or not.
10. Do I need to appoint a lawyer or an agent for application of patent registration?
A: Similar to the registration of other industrial properties, an applicant who holds a valid Macao SAR Resident Identity Card, or is a body corporate registered in the Macao SAR, can perform the application on his own or by appointing a proxy. However, an applicant who does not hold a valid Macao SAR Resident Identity Card, or is not a body corporate registered in the Macao SAR, he could appoint one of the following as their proxy, and submit the relevant “Power of Attorney”:
o A lawyer registered with the Macao Lawyers Association;
o An individual who is a Macao SAR resident;
o A body corporate registered in the Macao SAR.
Macao Victory qualifies to represent and submit applications on behalf of its clients.
11. When will the applicant obtain the registration certificate after the publication of approval?
A: The applicant may bring along the receipt of payment of the application fee to obtain the certificate at the Intellectual Property Department, one month after the approval of registration is published in the Official Gazette of Macao SAR (which is the end of the validity period for appeal). If there is an appeal, the applicant may obtain the certificate within 5 days after the final decision of the court.
12. Do I need to re-apply for a patent registration, in the Macao SAR, which hasbeen applied for in a foreign country? Is there anything that I need to pay attention to?
A: 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.
13. Is the transfer of the ownership of patent application / registered patentallowed? Is the issuance of a patent license to a third party allowed?
A: Yes. The applicant or owner may complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by documents that verify the transfer, patent license or other supporting documents, and submit the application to the Intellectual Property Department with relevant application fees.
14. How to alter the information of a filed patent application?
A: The applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by supporting documents, and submit the application to the Intellectual Property Department with relevant fees.
Please note that the changes made in the claim report, description or figure of the filed application should not cause changes to the content of the original application.
15. How to pay the annual fee of patent registrations?
A: To perform the administrative procedure of paying annual fee of patent, the applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), and submit the application of paying annual fee to the Intellectual Property Department 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. Macao Victory would handle this procedure for its clients.
16. What designs are not eligible for registration?
A: Examples of designs which are not eligible for registration include: (1) designs which only serve specified function(s), e.g. an USB plug; (2) designs of a component which cannot use or form a product by itself, or that can combine with other products after combination of its own type of components, and possess specified shape and size, e.g. a piece of puzzle.
17. How to apply for registration of industrial models & designs in the Macao SAR?
A: The applicant must complete the “設計或新型註冊申請書 / Pedido de Registo de Desenho ou Modelo” form (Industrial Model & Design Registration Application Form) and submit it with the required documents and relevant fees to the Intellectual Property Department of the Macao Economic Services.
18. Is it possible to alter the information on a filed application of industrial model & design?
A: Where the application has not been approved yet, applicant can alter the information by submitting a completed “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form).
However, once the application is approved, it cannot be altered.
Please note that the changes made in the description, figure or photo of the filed application should not go beyond the content of the original application.