Patents

International Arrangements:

  • Paris Union (from 30 July 1917)
  • WIPO (from 27 July 1971)
  • PCT (from 8 October 1999)
  • Validation of European patents

Types of Patents Available:

  • Patents of Invention
  • National Phase PCT Application
  • Validation of European patents - (Under the validation system, anyone filing a European patent application is now able to request validation for Morocco against a payment of a validation fee. European applications and patents validated for Morocco will have the same legal effects there as Moroccan ones, and will be subject to Moroccan patent law).

Note: Protection extends to Tangier and Western Sahara

Novelty Requirements:

Absolute novelty is required.

Patentability:

Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in such methods may be patented.

Filing Requirements:

National Phase PCT Application:

  • Specification, claims and abstract in French or Arabic (can be late filed within three months)
  • Formal drawings, if applicable (required on the day of filing)
  • International Patent Classification (can be late filed, no set deadline)
  • Copy of Published International Application (required on the day of filing)
  • Copy of International Search Report (can be late filed, no set deadline)
  • Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (Non-PCT):

  • Specification, claims and abstract in French and Arabic (can be late filed within three months)
  • Formal drawings, if applicable (required on the day of filing)
  • Assignment of Priority Rights (notarised) (can be late filed, no set deadline)
  • Priority document with verified French translation (can be late filed within three months)

Validation of European patents:

  • The text of the European patent or the required translation must be filed before the Moroccan Office of Industrial and Commercial Property (OMPIC) within a period of three months from the date of publication of the mention of grant of the European patent.
  • It appears that a translation of the patent specification in Arabic, French, or English is only necessary if the European patent application has been filed in German. 
  • Publication of Arabic or French translation of claims may be requested for provisional protection.
  • An official fee for registering the European patent must be paid within a period of three months from the date of publication of the mention of grant of the European patent in order for the European patent to be fully effective in Morocco, with the same effect as for a National Moroccan patent issued by OMPIC. 

Grant:

The term of a patent is twenty years from the filing date. 

Renewal:

Renewal fees fall due annually commencing on grant of the patent.

Printable Version

download