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- SOUTH AFRICA
: KINGDOM OF MOROCCO
CAPITAL : RABAT
LANGUAGE : ARABIC / BERBER
INTERNATIONAL TREATIES TO WHICH MOROCCO IS SIGNATORY
- Paris Convention for the protection of industrial property.
- Patent Co-operation Treaty – PCT
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
PATENT LEGISLATION IN MOROCCO:
The legal system in Morocco is based on French Civil Law along with a combination of Muslim and Jewish tradition.
Patents in Morocco are governed by Law No. No. 31-05 amending and supplementing Law No. 17-97 on the Protection of Industrial Property.
Patents are granted by The Moroccan Industrial and Commercial Property Office (OMPIC).
BASICS REGARDING PATENTABILITY OF INVENTIONS IN MOROCCO:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
Are New or Novel Involve an inventive step Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following requirements:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
INVENTIONS NOT PATENTABLE IN MOROCCO:
- Inventions which are frivolous, contrary to well established natural laws.
- Inventions primarily intended to be against public order and morality.
- Mere discovery of a scientific principle or formulation of an abstract theory.
- Mere discovery of a new form of a known substance not resulting in the enhancement of the known efficacy of that substance.
- Mere arrangement or re-arrangement or duplication of known devices resulting in each functioning independently of one another in a known way.
- Methods of horticulture or agriculture.
- Processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatments of human beings and / or animals.
- Biological processes for production or propagation of plants and animals.
- Mathematical, business methods, computer programs per se.
- Aesthetic creations.
- Inventions relating to traditional knowledge.
- Inventions relating to atomic energy.
- Methods of performing mental acts or playing games.
- Topography of integrated circuits.
ParityPatents through it’s associate Law Firms in Morocco, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN MOROCCO:
(i). Names of the applicants.
(ii). Addresses of the applicants.
(iii). Names of the inventors.
(iv). Addresses of the inventors.
(v). Priority data.
(vi). Complete specification in Spanish.
(vii). Set of claims.
(viii). Drawings if any.
(x). Priority documents.
(xi). Proof of right in a convention application.
EXAMINATION OF THE PATENT APPLICATION IN MOROCCO:
- Upon receipt of the patent application it is examined for formalities compliances and fulfilment of all requisites.
- Applicant to request for substantive examination within a stipulated period of time.
- Applicant to comply, amend, correct, and fulfil requisites as per directions by the authority else, patent application is deemed withdrawn.
- Patent application is then published and is laid open to opposition from interested third parties.
- Patent application found to be in compliance with all requisites and not in contravention of any acts and rules and no opposition or objection forth coming, is registered and patent granted to the invention.
RIGHTS OF THE PATENTEE IN MOROCCO:
TERM AND KINDS OF PATENTS GRANTED IN MOROCCO:
Patents with a term of 20 yrs.
RIGHTS & DUTIES OF THE PATENTEE:
Rights: As concerns both patented products as well as processes, the patentee shall have the exclusive right to prevent 3rd parties in Uruguay from:
- Using • Offering for sale
- Selling or importing the product as well as such product obtained directly from the patented process. Duties:
- To ensure that the patents granted are worked on a commercial scale and to the fullest extent reasonably practicable without undue delay.
- Patentee should ensure that patents granted do not impede protection of public health and nutrition and should act as instruments to promote public interests.
- The patent shall not be abused by the patentee or persons deriving the title or interest on the patent.
- Patentee to not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
COMPULSORY LICENCES OF PATENTS IN MOROCCO:
COMPULSORY LICENCES OF PATENTS IN MOROCCO
At any time after the expiry of 3 years from the grant of a patent or 4 years from the date of patent application interested parties may apply for grant of compulsory licenses on the following grounds:
- When reasonable requirements of the public with respect to the patented invention have not been satisfied.
- When patented invention is not available to the public at reasonable and affordable prices.
- When patented invention is not worked on the territory of Uruguay.
- When national emergencies, circumstances of extreme urgency arise.
- Ex-officio compulsory licences may also be granted by relevant authorities if circumstances so arise.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Morocco, can assist you comprehensively with Compulsory Licence matters.