patent protection in Morocco

The Case of Patent Protection in Morocco

Most countries use similar clauses when it comes to their trademark and patent regulations and protection. They all also have limited jurisdictions, assigning the coverage of their legislation just within their territories just like the other laws their government implements within their boundaries.

 

This is why Morocco’s recognition of European patents as national patents is a notable move for the country. This ruling extends the coverage of the European patents to the said country with proper validation.

 

This means that patents filed within the European Union can be applied for validation in Morocco and businesses and entities will already have their intellectual property recognized in the said country as well. As a result, European patent holders get to expand the coverage of their intellectual property’s protection to the North African country as well. With proper validation, European patent holders can now also oppose registrations and sue for potential patent infringement cases in Moroccan courts.

 

If you’re not from a European Union country and you want to apply for patent protection in Morocco, below is a quick guide on the process.

 

How to Apply For Patent Protection in Morocco

Prior to filing a patent application, it is recommended to search the public domain for possible existing patent applications of the same nature as your invention. You can search the global database or the Moroccan database.

 

How to search the Moroccan Database:

  • Use keywords from your title or your abstract.
  • You can also browse via classifications. There are 8 main classifications with a total of 70000 subclassifications.
  • You can also search via patent number, inventor, filing date. These search categories will show up on the Moroccan database.

The third search option will be very useful if there are 3rd parties claiming infringement. This can happen in step 4 of your application.

 

Step 1: Start with filling out a B1 patent application form.

**The form has questions designed to include details about your invention. Keep in mind the following:

  • Description of the invention
  • An abstract of the invention
  • One or more claims
  • Drawings of the invention, if any
  1. If filing through an agent or representative, their legal powers will be required for submission. You are given 2 months to submit this document.
  2. If by any chance the documents associated with your application are in a language other than French, you are given 3 months to submit a translated version. During this time, your application will be on a pending status.

 

Step 2: Pay the fees associated with filing the patent application.You can pay the fees inside the patent office. You are given 30 days from the day you filed the patent. You get a 60% reduction in fees if:

  • You are an individual applicant
  • You belong or represent a small or medium enterprise
  • You are filing in behalf of a public university

Failure to pay the fees involved means the application will be withdrawn.

 

Step 3: Request for a simultaneous observation or examination.

By default, the observation or examination for your application is automatic. To make sure that the patent office doesn’t forget, you specifically request for it.

 

Step 4: Wait for the examiner’s report regarding your application.

Depending on their response, either your application moves forward or is rejected.

  1. If the examiner deems your application needing amendments, you will be given 3 months to revise part or whole of your invention;
  2. If your application is accepted, the abstract will be published and will be available to the public. A publication of your abstract is not a guarantee that the patent is finalized. A separate report will be released after step 4.

 

Step 5: Wait for a period of two months.

The two month observation is for 3rd parties who may have a patent conflict with your application.

  1. If 3rd parties claim conflict, you are given two months to respond.
  2. If none, a final and official report with comments about the patent will be released to the public.

These are all the steps involved in obtaining a patent for an invention.

 

If you need to get professional help, please contact us for free consulation. We are a Hong Kong patent application grant authorized patent agent offering international patent and trademark application.

 

 

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent,

Hong Kong Trademark Registration & Related Services

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