Patent F.A.Q
Does late submission of required documents possible? If yes, what is the deadline for filing late documents?
Yes, within three months as from filing date.
For the priority document, if any, it can be submitted within four months as from the expiration date of the priority
What is the term of protection of a patent and from which date is it calculated?
20 years, it is calculated as from the international filing date (PCT application) or from date of filing in Morocco (convention patent).
Can the protection period of a patent be extended?
Yes, in Morocco there are provisions for such time extension to be granted, if it satisfies some conditions.
Can the claims be amended after filing?
Yes, the claims can be amended after the issuance of the search/examination report.
Is it possible to restore a lapsed patent due to non-payment of annuity?
If an annuity is not timely paid, your patent right will lapse. It may only be restored in particularly exceptional circumstances.
Is there an accelerated examination system for patent applications?
In general NO. But possible through the PPH (Patent Prosecution Highway)
What are the main conditions of patentability?
The invention should be novel, involve an inventive step and applicable industrially.
What cannot be considered as inventions?
– Discoveries, scientific theories and mathematic methods.
– Aesthetic creations.
– Representation of information.
– Plans, principles and methods relating to intellectual activities, in the field of games or economic activities, as well as computer software.
However, are patentable inventions that involves use of a computer, computer network or other programmable apparatus.
What cannot be patented?
– Inventions that are against public order and morality.
– Methods of surgical and therapeutic treatment of human or animal body, as well as methods of diagnostic applicable on human or animal body, except for products, substances or compositions used for realization of such methods.
– Plant varieties and animal breeds, as well as biological process for their obtaining.
Is it possible to apply for a divisional application?
Divisional applications are generally requested in cases where the parent application may lack of unity of invention, at the initiative of the applicant before grant, or at the request of the Moroccan PTO after issuance of the search/examination report on patentability.
Divisional applications should not exceed the scope of the parent application, and maintain the same filing date and priority, if any.
Can a granted European Patent be validated in Morocco?
Yes. See validation of an EP
When the annuities become due?
Annuities become due for payment after grant of the patent application.
When the patent application is published?
The patent application is published within 18 months as from filing date or the earliest priority date
How long does it take to grant a patent?
The patent procedure can take about 22-24 months on average, and depends on the technical field and backlog of work.
How long does patent protection last?
Patent protection is generally granted for 20 years from the filing date of the application in Morocco (convention patent) or the international filing date (PCT application).