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Intellectual Property

Mauritius
Smit & Van Wyk Patent, Trademark & Registered Designs

Mauritius Patents

Mauritius patents have a duration of 20 years from date of filing. Annual renewal fees are payable from the third anniversary of the filing date. Mauritius is a member of the Paris Convention (International treaty for the protection of Industrial Property). Mauritius patents have a requirement of absolute novelty. Designs have an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each.

Types of Patents:

  • Patents of Invention

Novelty: 

Absolute novelty required. 

Patentability:  

Methods of medical diagnosis, treatment or surgery are not patentable.

Examination:

Substantive examination.

Patent Duration / Renewals:

The patent has a duration of 20 years from date of filing. Annual renewal fees are payable from the third anniversary of the filing date.

Patent Filing Requirements

Non-PCT applications:

  • Power of Attorney, legalised by Apostille (required upon filing)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • Deed of assignment, legalised by Apostille (must be filed within 2 months of the date of filing)
  • Certified copy of priority document (if applicable) with verified English translation (must be filed within 2 months of the date of filing)
  • Copies of any search and examination reports for registrations served elsewhere (can be late filed)

International and Regional Systems

Paris Convention

Mauritius is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trademarks and industrial designs to name a few.

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