How to register a patent in the international scene

Choose quickly the countries where you will use your invention
The patent is a territorial right; it gives you rights only in the countries where it was filed. You must thus choose the country or countries in which it is relevant to file your patent, by comparing the benefits and constraints estimated.
Attention, it is necessary to act quickly! If you have already filed a national patent application, you will lose the character of innovation as soon as it is published (i.e. 18 months after the filing). Moreover you have a 12-month priority period after the date of the first filing, during which time you may only file requests in other countries. At the end of this period, you might see your invention used abroad!

3 ways of registering your trademark on the international scene:

• With each national office of the countries which you target
• With the regional office for countries which have adhered to regional systems (EPO, ARIPO, OAPI, EAPO)
• With the World Intellectual Property Organization (WIPO) to benefit from registration in all the countries which are signatories of the Patent Cooperation Treaty (Cooperation treaty in the field of patents), which groups together about 140 states, including Morocco. Link to list of countries which are signatories of PCT

Procedure of registration within the PCT

Each citizen of a contracting State to the PCT or any person domiciled in such a State, may file an international request. Your international patent application may be lodged with OMPIC, which acts as the receiving office, or directly with WIPO's International Office.

This procedure includes two phases :

• International Phase: the request is transmitted to OMPIC, which is the receiving office, which transmits it to WIPO. An administration in charge of international search and designated by the filing person, shall draft an international search report on the basis of the technical document presented, which is then published with the request on WIPO's website. The filing person may possibly request the international preliminary examination of its application.
• National Phase: the request for registration is then filed with the national offices of the countries chosen by the applicant of the patent before the expiry of the 30-month period after the date of priority claimed in the request. Each country reserves the right to examine in turn your application according to its regulations in force.

The filing of an international request is subject to the payment of fees which are payable in only one currency and at one single office (the receiving office).

The fees due are:

• The international fee, intended to remunerate the work of the international office
• The search fee, intended to remunerate the work of the administration in charge of international searches.

Reductions of some fees are planned for nationals and residents in Morocco.

Link to list of documents required for international patent application (pdf)
Link to fees related to an international patent application (pdf)

The PCT represents a one-stop shop for the registration of a patent and the payment of the related fees: the procedure is simplified, the costs are reduced, and the access to technical information is accelerated.