In brief: Patents in Morocco are filed with OMPIC under Law 17-97. An invention must meet three criteria: novelty, inventiveness, and industrial applicability. Protection lasts 20 years. Morocco is a signatory to both the Paris Convention and the PCT.
With over 15 years of experience advising businesses on intellectual property and corporate formalities, Upsilon Consulting’s chartered accountants provide authoritative guidance on patent filing in Morocco.
Patents are legal documents that grant their holders the exclusive right to control the use of an invention. Indeed, patents serve as industrial property titles and aim to protect technical innovations. For businesses investing in Morocco, understanding patent protection is essential. A patent is the legal right, sometimes called an “intellectual property right,” of an inventor to prevent others from manufacturing or using a particular invention without their prior consent.
Criteria for Filing a Patent
Obviously, by their very definition, patents are technical in nature. Indeed, patents specifically concern inventions as well as processes that provide a new way of doing something or offer a new technical solution to a problem.
Generally, to be eligible for a patent, an invention must have the following characteristics:
- Novelty: the invention must not be part of the “state of the art” at the time of the application. This corresponds to all technical and practical knowledge known to the public at a given time.
- Inventiveness: the invention cannot be obvious to a person skilled in the art based on the state of the art.
- Industrial applicability: to qualify, an invention must demonstrate a clear utility in the industrial field. Thus, an ingenious idea that cannot currently function cannot be patented.
In addition to these three criteria, obtaining a patent also requires a description of the invention as well as the process to reproduce it. The objective is to allow the invention to enter the public domain once the patent reaches its expiration. Furthermore, certain inventions cannot be patented. These prohibitions differ depending on the country and its legal framework. In Morocco, for example, the law does not allow the patenting of inventions contrary to public order and morality.
Territoriality of a Patent
Patents are territorial in nature. Indeed, a patent is generally only valid in the country where it was granted. In this sense, each country may grant or deny patent applications according to its own criteria. Obviously, this territorial nature does not mean that patents are limited by country. Indeed, some nations are exempt from this rule. The most explicit example is the European Union, where several members have agreed on a common treatment of patents.
International Protection
Paris Convention
The Paris Convention for the Protection of Industrial Property is a treaty signed in 1883 in Paris and revised several times since. The latest version of the convention is the Stockholm version dated September 28, 1979. This convention establishes a set of international standards and rules relating to industrial property, including:
- Patents,
- Product and service trademarks,
- Designs and models,
- Trade names
Currently, 175 states, including Morocco, are part of the Paris Convention. Among the main provisions of this convention:
- National Treatment
The Paris Convention provides that each signatory state must grant the same industrial property protection to nationals of other signatory states as it does to its own nationals.
- Right of Priority
Any person who has applied for protection in a signatory state has a period to apply for the same protection in other countries adhering to the convention. This allows a certain priority to file, for example, a patent in several countries in succession.
- Independence of Patents
If for the same invention, several patents are issued in different signatory states, these patents remain independent of each other. Indeed, if a signatory state issues a patent for an invention, nothing compels other signatory states to issue one.
Patent Cooperation Treaty
At the global level, the Patent Cooperation Treaty (PCT, Patent Cooperation Treaty) allows seeking patent protection for an invention simultaneously in several countries by filing an international patent application.
To file such an application, the inventor must:
- Be a national of a contracting state of the Patent Cooperation Treaty;
- Be a resident of one of these states.
Generally, the inventor files their application with:
- The national patent office of the PCT signatory state of which the applicant is a national or resident;
- Or, at the applicant’s choice, with the International Bureau of WIPO in Geneva.
Currently, 153 states, including Morocco, are part of the Patent Cooperation Treaty. Indeed, Morocco became bound by the PCT on October 8, 1999. Thus, international patent applications in Morocco can be filed with OMPIC. Companies setting up in Morocco should consider filing patents early. This is possible for:
- Inventors domiciled in Morocco
- Moroccan nationals
Protection in Morocco
In Morocco, OMPIC (Moroccan Office of Industrial and Commercial Property) is the institution responsible for the protection of industrial property, including patents. Industrial property is governed in Morocco by Law 17-97.
The Moroccan framework aligns with the three aforementioned criteria relating to patents. Indeed, Article 22 of this law stipulates that: “Any new invention involving an inventive step and susceptible of industrial application is patentable in all technological fields.”
However, this same law lists elements that it does not consider as inventions:
- First, discoveries as well as scientific theories and mathematical methods
- Second, aesthetic creations
- Third, the presentation of information
- Finally, plans, principles and methods in the exercise of intellectual activities, or in gaming or in the field of economic activities, as well as computer programs
This last point presents a certain particularity. Indeed, Law 17-97 considers that inventions whose execution involves the use of a computer, a computer network or other programmable device and presenting one or more characteristics realized totally or in part by one or more computer programs, are patentable. However, to involve an inventive step, a computer-implemented invention must make a technical contribution.
Upsilon Consulting at Your Service
Upsilon Consulting can assist you with the formalities for filing your patent application with OMPIC. This file consists of:
- A patent application filing form
- A description of the invention
- One or more claims
- Drawings referred to in the description or claims
- An abstract
To use our services or request a quote: Contact Upsilon Consulting
Frequently Asked Questions
How long does patent protection last in Morocco?
A patent in Morocco is valid for 20 years from the filing date, after which the invention enters the public domain. During this period, the patent holder must pay annual maintenance fees to OMPIC to keep the patent in force.
Can software be patented in Morocco?
Software alone cannot be patented under Law 17-97. However, inventions implemented through computer programs may be patentable if they involve an inventive step and make a technical contribution beyond mere data processing.
What role does OMPIC play in patent protection?
OMPIC (Moroccan Office of Industrial and Commercial Property) is the national institution responsible for receiving patent applications, examining them, and granting patent rights in Morocco. It also serves as the filing office for international PCT applications by Moroccan nationals or residents.
How can a foreign company protect its patent in Morocco?
A foreign company can protect its patent in Morocco either by filing directly with OMPIC or through the international Patent Cooperation Treaty (PCT) route. Morocco is a signatory to both the Paris Convention and the PCT, which facilitates international patent filings.
Learn more about industrial and commercial property in Morocco: OMPIC in Morocco and commercial property
