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      1. PATENT IN HONG
        KONG & MACAO

        I. Patents in Hong Kong

         

        There are two types of patent in the HKSAR, i.e, standard Patent and short-term Patent.

        The Hong Kong Registered Design Ordinance also provides for a design registration.

         

        lStandard Patent

         

        Application procedure involves two stages:

         

        1. Application shall be filed to one of the following designated Patent Office, namely, UK Patent Office, European Patent Office and Chinese Patent Office. The Application then files a request to record for the patent (designated patent) to the Hong Kong Patents Registry after 6 months from the date of publication, together with a photocopy of the designated patent and the information of the inventor(s) (see section 15 of the Patents Ordinance). A filing fee and an advertisement fee shall be payable within 1 month after the Earliest filing with the Registrar.

        2. A request for registration and grant shall be made within 6 months after the date of grant of the designated patent by the designated Patent Office. Every such request shall be filed with a verified copy of the published specification of the designated patent (see section 23). A filing fee and an advertisement fee shall be payable with 1 month after the earliest filing with the Registrar.

         

        After examination by the Registrar, the designated patent is register and granted as such. A certificate will be issued to the application and the patent will be published in Gazette.

          

        Notes:

         

        1. Applicants cannot directly file standard patent applications with Hong Kong Patent Registry.

        2. Validity of standard patent lasts for 20 years and maintenance fee is payable for published standard patent in which no request has been made for registration (see section 33). Renewal fee is payable after the patent is granted (see section 39).

         

        lShort-term Patent

         

        Applicant could directly file application with Hong Kong Patents Registry. Upon application specification with drawings, an abstract and a search report issued by the prescribed international search authority or designated Patent Offices shall be submitted. A filing fee and an advertisement fee shall be payable with 1 month after with the earliest filing with the Registrar (see section 113 of the Patents Ordinance).

         

        After examination by the Registrar, the designated patent is registered and granted as such. A certificate will be issued to the application and the patent will be published in Gazette.

         

        Notes:

         

        1. Validity of short-term patent lasts for 8 years and renewal fee is payable within the 3 months ending with the expiry of the 4th year (see section 126).

        2. The application period before the grant of patent is comparatively shorter than that of standard patents.

         

        lRegistered Design

         

        Application could directly file application with Hong Kong Designs Registry (see section 12 of the Registered Designs Ordinance).

         

        After examination by the Registrar, the designated patent is registered and granted as such. A certificate will be issued to the application and the patent will be published in Gazette.

         

        Notes:

         

        Validity of registered design lasts for 25 years and renewal fee is payable every 5 years (see section 28).

         

        II.Patents in Macao

         

        There are three categories of patents: Inventions, Utility, and Industrial Designs and Models inMacao.

         

        lRegistration of Invention Patents

         

        Process of the application:

         

        1.The applicant should complete the Invention Patent Registration Application Form in Chinese or Portuguese, and submits it to the Industrial Property Application Counter of Reception Center of MES (2nd Floor). The relevant fees together with the payment slip should be submitted and paid within 8 working days upon the application. If the application is in order, it will be published in the Series II of Official Gazette of the Macao SAR. In the period between the publication and the grant of the registration, any third-party may approach the MES in writing with opposition against the registration.

        2.The report of the examination will be written by the assigned entity.

        3.After the registration has been granted, the notice of grant will be published in the Official Gazette of the Macao SAR.

        4.Upon the end of the one-month period for appeals, or five working days after the court decision was made in the event of an appeal, the applicant should submit the original receipt of the application fees at the Industrial Property Application Counter of Reception Center of MES (2nd Floor) to obtain the registration certificate.

         

        Durations:

         

        1.The duration for registration depends on the necessary time for the preparation of the report of the examination that the assigned entity needs.

        2.The registration certificate will be issued within five working days.

         

        Notes:

         

        1.The validity of Invention Patent is 20 years counting from the date of the application.

        2.In the following cases, the applicant or bearer of invention patent should complete the form accompanying with the original of registration certificate (if applicable) and the supporting documents and then submit it to the respective unit. The respective annotation will be published in the Series II of Official Gazette of the Macao SAR and the original of registration certificate will be returned to the bearer:

        (1) Assignment of the right of invention patent;

        (2)Alteration of the name of applicant or bearer or body corporate;

        (3) Alteration of the address of applicant or bearer or body corporate.

         

        lRegistration of Utility Patents

         

        Process of the application:

         

        1.The applicant should complete the Utility Patent Registration Application Form in Chinese or Portuguese, and submits it to the Industrial Property Application Counter of Reception Center of MES (2nd Floor). The relevant fees together with the payment slip should be submitted and paid within 8 working days upon the application.

        2.If the application is in order, it will be published in the Series II of Official Gazette of the Macao SAR. In the period between the publication and the grant of the registration, any third-party may approach the MES in writing with opposition against the registration.

        3.The report of the examination will be written by the assigned entity.

        4.After the registration has been granted, the notice of grant will be published in the Official Gazette of the Macao SAR.

        5.Upon the end of the one-month period for appeals, or five working days after the court decision was made in the event of an appeal, the applicant should submit the original receipt of the application fees at the Industrial Property Application Counter of Reception Center of MES (2nd Floor) to obtain the registration certificate.

         

        Durations:

         

        1.The duration for registration depends on the necessary time for the preparation of the report of the examination that the assigned entity needs.

        2.The registration certificate will be issued within five working days.

         

        Notes:

         

        1.The validity of utility patent is 10 years counting from the date of the application.

         

        2.In the following cases, the applicant or bearer of trademark should complete the form accompanying with the original of registration certificate (if applicable) and the supporting documents and then submit it to the respective unit. The respective annotation will be published in the Series II of Official Gazette of the Macao SAR and the original of registration certificate will be returned to the bearer:

        (1) Assignment of the right of utility patent;

        (2) Alteration of the name of applicant or bearer or body corporate;

        (3) Alteration of the address of applicant or bearer or body corporate.

         

        lRegistration of Industrial Designs and Models

         

        Process of the application:

         

        1.The applicant should complete the Industrial Design or Model Registration Application Form in Chinese or Portuguese, and submits it to the Industrial Property Application Counter of Reception Center of MES (2nd Floor). The relevant fees together with the payment slip should be submitted and paid within 8 working days upon the application.

        2.If the application is in order, it will be published in the Series II of Official Gazette of the Macao SAR. In the period between the publication and the grant of the registration, any third-party may approach the MES in writing with opposition against the registration.

        3.After the registration has been granted, it will be published in the Official Gazette of the Macao SAR.

        4.Upon the end of the one-month period for appeals, or five working days after the court decision was made in the event of an appeal, the applicant should submit the original receipt of the application fees at the Industrial Property Application Counter of Reception Center of MES (2nd Floor) to obtain the registration certificate.

         

        Durations:

        1.The registration will be granted within 12 months after the publication.

        2.The registration certificate will be issued within five working days.

         

        Notes:

         

        1.The validity of industrial design and model is 25 years counting from the date of the application. Within the final six months of the registration validity, the applicant should renew the registration and pay the respective renewal fee.

        2.In the following cases, the applicant or bearer of trademark should complete the form accompanying with the original of registration certificate (if applicable) and the supporting documents and then submit it to the respective unit. The respective annotation will be published in the Series II of Official Gazette of the Macao SAR and the original of registration certificate will be returned to the bearer:

        (1) Assignment of the right of utility patent;

        (2)Alteration of the name of applicant or bearer or body corporate;

        (3) Alteration of the address of applicant or bearer or body corporate

         

         

         





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