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Intellectual Property

Morocco
Smit & Van Wyk Patent, Trademark & Registered Designs

Morocco Patents

Morocco patents require absolute novelty and a substantive examination should be requested when filing your patent application. The payment of annual renewal fees from the 3rd anniversary of the filing date will keep your patent in force for a maximum period of 20 years. It is possible to validate European patents in Morocco. The system for validating European patents in Morocco introduced under the validation agreement between the European Patent Organisation and the government of the Kingdom of Morocco provides European patent applicants with a simple and cost-effective way of obtaining patent protection in Morocco. 

Types of Patents:

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

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 (due after grant).

Patent Filing Requirements

Non-PCT applications:

  • Specification, claims, drawings and abstract with French or Arabic translation (required upon filing)
  • Deed of assignment, notarised (can be late filed)
  • Certified copy of Priority document (if applicable) with verified French translation (must be filed within 3 months of the filing date)

PCT applications:

  • Specification, claims, drawings and abstract with French or Arabic translation (required upon filing)
  • International patent classification (can be late filed)
  • Published International application (required upon filing)
  • International Search Report and International Preliminary Report on Patentability (can be late filed)
  • Deed of assignment, notarised (can be late filed)

International and Regional Systems

PCT

Morocco is a signatory of the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. A PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states.

Paris Convention

Morocco 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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