Register Patent Application in Morocco

Morocco is a country with the advantage of developing inventions in many fields. Morocco has great potential in solar and wind energy, creating opportunities for inventions in the field of renewable energy technologies, such as solar cells, wind turbines and energy storage systems. Agriculture is an important sector of Morocco. Inventions related to irrigation technology, water management, new crop varieties and food processing technologies can help increase the yield and quality of agricultural products. As a popular tourist destination, Morocco can encourage innovations in the fields of tourism services, hotel technology, and visitor experience. The automotive industry is thriving in Morocco. Patents related to the production of automobiles, components and electric vehicle technology can contribute to the growth of this industry. Textiles and leather shoes are traditional industries of Morocco. Inventions in the field of design, new materials and manufacturing technologies can help improve the quality and added value of products. Morocco has the potential to develop the pharmaceutical industry. Inventions related to new drugs, biotechnology and medical devices can meet domestic and export demand. The Moroccan government has introduced a variety of policies and programs to encourage innovation and innovation development, including tax incentives, financial support, and creating a conducive business environment. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Morocco through the article below.

Legal Basis

• Law No. 17-97 on the Protection of Industrial Property (promulgated by Dahir No. 1-00-91 of 9 Dhul-Qa’dah 1420 (15 February 2000), and amended to Law No. 23-13)

Definition of Invention in Morocco

In Morocco, according to Law No. 17-97 on the Protection of Industrial Property, a patent is an exclusive right granted by the state for a certain period of time (20 years) for a new invention that has made innovative progress and has industrial applicability.

Conditions for registering a patent in Morocco

• Novelty: The invention must be new, which means that it has never been published or disclosed to the public anywhere in the world prior to the date of filing the patent application. This includes disclosure through publications, oral presentations, use, or any other means.
• Innovative advancement: The invention must not be obvious to someone with expertise in the technical field, which means it must include an innovative advancement that is not simply a combination or variation of existing knowledge or technique.
• Industrial applicability: The invention must be able to be produced or used in any industry, meaning it must have practical application and cannot be just theoretical or abstract.

Types of patents that can be registered in Morocco

In Morocco, there is only one type of patent that can be registered, and that is  the Patent for Invention. This patent protects new inventions that have an innovative advancement and have the potential for industrial application.

Although some countries offer other types of patents, such as industrial designs or minor patents, these are not available in Morocco. However, patents that may be eligible for protection under these categories in other countries are likely to be protected as patents for patents in Morocco, as long as they meet the criteria of novelty, creative progress, and industrial applicability.

Patent search in Morocco

• OMPIC Online Database: The Moroccan Office of Industrial and Commercial Property (OMPIC) provides an online database for searching for patents. Users can search by patent number, applicant’s name, inventor’s name, or keywords related to the invention. The database includes both published patent applications and granted patents.
• WIPO PATENTSCOPE: This is a global patent database maintained by the World Intellectual Property Organization (WIPO). The system includes published patent applications and patents that have been granted from Morocco and many other countries. Users can search using a variety of criteria, such as keywords, applicant names, inventor names, and international patent classification codes.
• Espacenet: This is another international patent database maintained by the European Patent Office (EPO). The system provides access to patent documents from Morocco and other countries that are members of the European Patent Convention.

Patent registration dossier in Morocco

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Morocco through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Morocco.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file a patent application, please contact Viet An Law for the most effective support.