Macao Patents Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
1.Q：What are the differences between invention patent, utility patent and industrial model & design?
A: Invention patents and utility patents focus on the improvement of the function, technology adopted, manufacturing technique, users’ convenience, etc. of a product. However, the technical level of a utility patent is lower than that for invention patent. Industrial model & design refers to the protection of shape, pattern, color or their combinations applied on a new design of a product, which is aesthetic and capable of being applied on a industrial scale.
Therefore, industrial model & design are obviously different from the invention and utility patents, especially because the former focus on aestheticism and art in the design that can increase the competitiveness of a product in the market.
2.Q：What kind of technologies can only be applied for invention patents, but not utility patents?
A: The targets of protection of invention and utility patents are different. In comparative terms, the target scope of protection of invention patents is wider than that for utility patents: methods, substance (no specific form), biomaterials and the application thereof only apply for invention patents. Products (with a specific form) can apply for invention patents and/or utility patents. If a person applies both types of patents at the same time, only an invention patent or a utility patent will be granted.
3.Q：Why does discovery not classify as invention patent?
A: Discovery does not comply with the definition of invention or creation because it does not contain creative elements. Examples include the discovery of a substance, phenomenon, conversion process, property and rule. Therefore, a patent will not be granted for a discovery.
4.Q：Are the rules / methods applied for games or sport activities eligible for patent grant?
A: No. The rules / methods applied for games or sport activities are generated by men’s intellectual processes including those of reasoning, analysis and judgment. Patents shall not be granted for them because they only involve the rules / methods of intellectual activity.
5.Q:What designs are not eligible for registration?
A: Examples of designs which are not eligible for registration include: (1) designs which only serve specified function(s), e.g. an USB plug; (2) designs of a component which cannot use or form a product by itself, or that can combine with other products after combination of its own type of components, and possess specified shape and size, e.g. a piece of puzzle.
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For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com