Comprehensive Guide to Industrial Design Protection in Macao

Industrial Design Protection in Macao – Application, Examination, and Renewal Procedures

Industrial design protection in Macao ensures that the aesthetic aspects of products - such as shape, pattern, or color - receive legal recognition and commercial value. The Government of the Macao Special Administrative Region, through its Economic and Technological Development Bureau (DSEDT), provides a clear and efficient framework for registering and maintaining design rights. Below is a detailed overview of the required documentation, examination process, publication, and renewal procedures for industrial design applications in Macao.

Authority:

• Economic and Technological Development Bureau (DSEDT), Government of the Macao SAR, www.dsedt.gov.mo

Terms of Protection:

• An industrial design is initially protected for 5 years from the filing date and may be renewed four times, up to a maximum of 25 years.

Filing Deadline: 

• Paris Convention applications must be filed within 6 months from the earliest priority date.

Required Documents:

• Representations / Pictures
• Brief description or statement of novelty (in Chinese or Portuguese, limited to 150 words or 400 characters)
• Power of Attorney (in Chinese or Portuguese, notarized and legalized)
• Certified copy of priority document with Chinese or Portuguese translation (DAS not accepted)
• Ownership Statement / Employment Statement / Priority Assignment (in Chinese or Portuguese)
• Certificate of translation authenticity

Process & Procedure:

The industrial design in Macao refers to a creation that is artistic and aesthetic in nature, made to improve the appearance of a product (including the shape, pattern, or a combination of the two, as well as the combination of color with shape or color with pattern), and is capable of being utilized industrially. The shape of purely functional items (for example, a USB connector) cannot be used independently or constitute an individual product; nor can components with specific shapes and sizes that, when assembled, enable the product to be combined with other products (for example, a single piece of a building block toy).

• Early publication: The applicant may request early publication not earlier than two months after the filing date.
• Deferred publication: The applicant may request deferred publication for a period of up to 30 months from the priority date.
• Grant publication: For industrial design applications that meet the requirements for grant, once 12 months have elapsed from the filing or priority date, the registration will be published in the second series of the Official Gazette of the Macao Special Administrative Region on the first or third Wednesday of each month.
• Opposition: From the date of publication until the date of grant, any third party may file an opposition against the published patent.
• In cases involving public disclosure that does not affect novelty, the applicant must submit documents and evidence proving such “non-prejudicial disclosure.
• If the design or model reproduces an artwork not yet in the public domain, the applicant must provide documentary evidence of the copyright holder’s authorization.
• After publication of the approval of registration in the Official Gazette of the Macao Special Administrative Region, the applicant may obtain the industrial design certificate once the one-month appeal period has expired, or, if an appeal has been filed, within five working days after receiving notice of the final court decision. The certificate may be downloaded electronically or collected in paper form from the DSEDT office, upon presentation of the original receipt for the application fee issued by DSEDT.

Grace Period for Novelty:

• If prior disclosure qualifies as non-prejudicial, applicants must submit documents and evidence demonstrating non-prejudicial disclosure.

Grant and Renewal Maintenance Fee: 

• For industrial designs, the annual fee for the first 5 years is included in the filing fee. Thereafter, annual fees for both pending and registered designs must be paid within 6 months before the end of the previous year’s anniversary. If payment is made within 6 months after the due date, an additional MOP 250 will apply as a late payment surcharge.

Granting Time:

• An industrial design is typically granted within 12 months from the filing date.

Conclusion

Macao’s design registration framework offers straightforward formal examination, flexible publication options, and long-term renewable protection of up to 25 years. With clear procedures for priority claims, novelty grace periods, and renewal payments, Macao remains an efficient jurisdiction for safeguarding creative and commercially valuable product designs.