MACAU SAR, CHINA Trends and Developments Contributed by: João Nuno Riquito, Bruno Almeida and Daniel de Senna Fernandes, Riquito Advogados
Conclusion The judgment of the Macau Court of First Instance establishes a clear judicial benchmark for patentabil- ity: the courts are willing to reassess the inventive step and novelty requirements of the inventions underlying any patent, regardless of it having been accepted and registered. The decision also highlights the high degree of auton- omy (stemming from the “One Country, Two Systems” principle) of the Special Administrative Region’s DSEDT towards the Mainland’s CNIPA. Beyond the legal clarification, however, the wider economic implications are difficult to gauge. Inves- tors in fintech, healthtech, advanced manufacturing and related fields may now demand stronger proof of novelty before committing capital, or they may pause projects pending a clearer picture of how future examinations will be conducted. Likewise, the court’s willingness to scrutinise patent validity early in disputes could reshape litigation tactics, but it is unclear whether this will lead to fewer filings, longer grant timelines, or a measurable shift in the volume of high-tech activity. The SAR’s diversification plan con- tinues to promote market-led growth, yet the extent to which the ruling will influence the pace of invest- ment, the attractiveness of Macau as an IP venue, or the overall contribution of the technology pillar to the local economy remains to be seen.
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