Extension of Invention Patent from the China National Intellectual Property Administration － Application for Extension

How to Apply

Deadline for Formalities

With respect to invention patent application, within 3 months after the publication of the announcement of the grant of patent right in the “Patent Gazette” of China National Intellectual Property Administration (CNIPA).

Formalities and Documents Required for Application

  1. Online application
    1. User of “Common Access to Public Services of the Macao SAR” and “eSignCloud” Service
      1. First-time user
        • Holder of Macao SAR Resident Identity Card or a body corporate constituted according to the law of Macao SAR should apply a “Common Access to Public Services of the Macao SAR” (Macao One Account) individual or entity account, and then apply for a Normalised Certificate (“eSignCloud” service) in a duly accredited certification entity (such as: eSignTrust of the Macao Post and Telecommunications Bureau).
          • A body corporate should have both the “Macao One Account” (entity account) and the “eSignCloud” service account (corporate user). The signer who makes electronic signature on the Application Form must be the legal representative of the entity/corporate (please refer to the FAQ of the industrial property online application services).
      2. Holder of “Macao One Account” and “eSignCloud” Service account
    2. User of “Qualified Electronic Signature (QES)”
      1. Authenticated user
  2. Apply in person:
    1. Within 3 months after the publication of the announcement of the grant of patent right in the “Patent Gazette” of CNIPA, the applicant should complete the “Application Form for Extension of Invention Patent from the China National Intellectual Property Administration” (Format ECO-091) in Chinese or Portuguese (the forms can be obtained at the service location or downloaded from DSEDT website)
      • Application may be made on behalf of an individual or a body corporate. However, if the applicant (individual or body corporate) is not a Macao SAR resident or establishment, the form should be signed by an appointed agent;
      • After signing the form, recognized signature can be made at the service location by showing the original identity document with signature.
    2. Submit the forms with the annexes to the Industrial Property Application Counter of Reception Center of the Economic and Technological Development Bureau (2nd Floor).
    3. The relevant fees together with the payment slip should be submitted and paid in patacas at the Treasury of the Reception Center of the Economic and Technological Development Bureau (2nd Floor) within 8 working days upon the application. Payment methods can be found on the ” Administrative Services – Payment Methods” page of the DSEDT website.

Necessary documents

  1. Online application: Complete the form via “Administrative Services – e-Services – Online Application”, and use the valid “Qualified Certificate (QC)” or Normalised Certificate (“eSignCloud” service) for electronic signature.
  2. Apply in person:
    1. The completed “Application Form for Extension of Invention Patent from the China National Intellectual Property Administration” (Format ECO-091) can be obtained at the service location or downloaded from DSEDT website.
    2. “The Copy of Extracts from the Patent Register” issued by the CNIPA.
    3. “Patent Specification (Granted patent document)” issued by the CNIPA, including : Front page, Claim, Description and Descriptive Drawings (if appropriate).

Supplementary documents to be submitted as appropriate

  1. Descriptive drawings.
  2. When processed by an appointed agent:
    • Power of attorney (must be duly authenticated, with recognition of the identity of the constituent and the exercise of the power of attorney).
  3. For powers of attorneys not written in one of the official languages of the Macao SAR:
    • Translation into one of the official languages of the Macao SAR (Chinese or Portuguese), duly authenticated/ certified;
    • Stamp duty is required for translation certificate, with 5 patacas for each page, and an additional 10 patacas per certificate.
  4. Other supporting documents (such as proof of change in bibliographic record).

Service Location and Hours

Apply through Internet

Please visit the “Administrative Services – e-Services – Online Application” page of the DSEDT website.

Apply in Person

Economic and Technological Development Bureau (DSEDT) – Reception Center

Address: Rua do Dr. Pedro José Lobo, n.os 1-3，2/F, Macau

Office Hours:
Monday to Thursday: 9:00 – 13:00; 14:30 – 17:45
Friday: 9:00 – 13:00; 14:30 – 17:30

Fee

  1. Application of extension (including annual fees of first three years) : 800 patacas
  2. Annual fee of 4th to 5th annuities : 500 patacas
  3. Annual fee of 6th to 20th annuities : 800 patacas
  4. Declaration of forfeiture : 1 000 patacas
  5. Rectification : 100 patacas
  6. Extension of period : 200 patacas
  7. Search : 200 patacas

For more details, please visit the “Intellectual Property – Fees” page of the DSEDT website.

Processing Time

After fee settlement, if the documents have been presented in order, and there is no ground for refusal, the extension will be granted in about 3 to 4 months.

Related Regulations or Requirements

Regarding the information of the terms or requirements of use of the industrial property online application services, please visit the “Intellectual Property – Online Services” page of the DSEDT website, available in Chinese or Portuguese only.

Notes / Information for Applicants

If the application for extension of invention patent has been approved, the information including the relevant extension number, name of the right-holder and the ruling date, and so on, will be published on the first or third Wednesday of every month, in the Series II of Official Gazette of the Macao SAR.

In addition to the application for extension, the applicant must complete a separate “Application Form of Request for Other Actions” (Format ECO-052) which can be obtained at the service location or downloaded from DSEDT website, for each of the above circumstances and submit together with relevant documents (please consult the Patent and Copyright Division of the Economic and Technological Development Bureau).

Reference documents and templates (available in Chinese or Portuguese only):

  1. Power of Attorney.
  2. Request for Other Actions – Description of Common Request Codes.
  3. For other documents, please visit the “Intellectual Property – Notes on Application” page of the DSEDT website.

Enquiry on Progress and Collection of Results

Enquiry on application progress: The status and the information of publication of “Extension of Invention Patent from the China National Intellectual Property Administration” can be found on DSEDT website.

Collection Method of Results: The registration certificate can be collected at the Industrial Property Application Counter of Reception Center of the Economic and Technological Development Bureau (2nd Floor), upon the end of the one-month period for appeals counting from the date of publication of the approval of extension in the Official Gazette of the Macao SAR, or 5 working days after the court decision was acknowledged in the event of an appeal.

Document to be presented or submitted on collection of results: The original receipt of the payment of application fees issued by the Economic and Technological Development Bureau.