What may we patent A patentable invention may be a product, a process, an application or a combination of known means to arrive to an unknown result vis-à-vis the state of the art. An idea is not patentable. However, you may patent the means allowing materialization of an idea. The areas excluded from the field of the patents are defined by the law To be patented, your invention must meet three essential criteria: Your invention is new: An invention is regarded as new if it is not included in the state of the art; this one being made up of everything that has been made public, either in the publication of patents, or in other types of publication, or by oral communications or through usage. Before filing a patent application, you must thus do library searches to ensure you that nobody has described your invention before you. You must yourself make sure to preserve the confidential character of your invention, in order not to destroy its character of innovation. However, in Morocco, the law provides for a "grace period", which allows you to file your patent application within a 12-month period after you have disclosed it yourself. Caution: this grace period does not exist in all countries. Your invention implies an inventive activity An invention is regarded as involving an inventive activity if, for an expert, it does not patently result from the state of the art. It is not enough to improve an existing technique, it is necessary that it be really creative. Your invention may have an industrial application An invention is regarded as likely to have industrial application when it has a specific, substantial and credible utility. When these three criteria are met, you must then carefully think about the relevance of a patent. You must ask yourself a certain number of questions, and determine your choice in a reasoned way. Indeed, a patent (and a fortiori a portfolio of patents) do represent a financial cost, as well as a load in terms of time and human means to track counterfeits and to protect your rights. A true strategic thinking is essential before filing a patent.

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