Patents

International Arrangements:

  • Paris Union (from 30 July 1917)
  • WIPO (from 27 July 1971)
  • PCT (from 8 October 1999)
  • Validation of European patents (from 1 March 2015)

Types of Patents Available:

  • Patents of Invention
  • National Phase PCT Application
  • Validation of European patents

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:

Request for Validation must be filed within three months following the European Grant Date. A grace period of 3 months is provided for upon payment of an additional fee.

  • The number of the European Patent, filing date of the European Patent, date of publication of the grant of the European Patent, and title of the invention of the European Patent (Priority date and number if priority claimed) (required on the day of filing).
  • A copy of the decision of grant of the European Patent issued by the EPO or a copy of the front page of the published European Patent (if already available).
  • Translation of the claims in French or Arabic (surcharges are payable on claims in excess of ten). A grace period of two months is allowed for filing the required claims translation.
  • 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. For PCT national phase applications, renewal fees fall due annually commencing from the PCT filing date. Renewal fees for a validated European patent fall due annually once the European patent is granted at the EPO (the payment due date is calculated from the European patent filing date).

Printable Version

download