Written by: Haoyu ZHOU (Elliot)

In our last paper, we have discussed how to obtain an HK standard patent based on a Chinese/European/UK patent (application). In this article, we will discuss how to obtain a Macau patent based on a Chinese patent (application).

While it is possible to file independent Macao patent application before the Macao Economic Services, most applicants actually choose to obtain a Macau patent based on a Chinese patent or a Chinese patent application, as the procedure for extension will be more cost-effective than filing a standalone application. By extending to Macau, the scope of the Macau patent will be the same as the Chinese patent.

Procedurally, the applicant needs to extend to Macau at any time during the Chinese patent prosecution. Here, “any time” means a timing (1) after a Chinese patent application is filed; (2) after the Chinese patent application is published; OR (3) after the Chinese patent is granted.

In terms of the best timing for the extension, a majority of applicants choose Option (3) above, i.e., within 3 months from the date when the Chinese patent is granted, because this is the last opportunity to obtain a Macau patent with a relatively guaranteed success.

Regarding the documents required by the Macau Economic Services, in addition to the Chinese patent certificate or register which can be prepared by your local Chinese agent, the applicant also needs to submit a Power of Attorney which must be notarized and mailed in originalcopy. All the documents must be completed within 3 months from the grant date of the Chinese patent. Otherwise there will be additional official fees.

If you have any questions about your patents in China, Hong Kong or Macao, please feel free to contact Haoyu ZHOU (Elliot) at patent@foundin.cn.