Elgar Intellectual Property Law and Practice series
Edited by Stefan Luginbuehl and Peter Ganea
Chapter 23: INTRODUCTION TO THE PATENT SYSTEM IN MACAU SAR
With the enactment of the Industrial Property Code (IPC) in June 2000, Macau Special Administrative Region (Macau SAR) was provided with a legal framework to promote registration and protection of IP rights in an expedited way. Registration procedures in Macau are handled by the Intellectual Property Office (IPO) of the Department of Economic Services (DSE), including the registration of patents. There are two ways of getting a patent for Macau:(a)an application – for a patent or utility model – is filed in Macau and will be examined by the Chinese State Intellectual Property Office (SIPO), or (b)a patent granted by SIPO – only with regard to patents and not utility models – is extended to Macau. Regardless of the chosen approach, the legal concept behind the patent protection is the same, that is, the patent rights and their effects do not differ. However, as the only difference it should be noted that a patent – based on an extension of a patent granted by SIPO – may be invalid in Macau if the Chinese patent was revoked. The application and examination procedure under the first option (option (a)) will be explained under Section C of this chapter. The second option for a patent protection – the extension of patents examined and granted by SIPO – makes clear that Macau has a patent system similar to the one of Hong Kong (see in this regard Clark, Chapter 22).