Patents

Q1 : What is a patent

A patent is an ownership title which the government grants to the inventors and which bestows exclusive usage rights on them for their inventions. An invention is a product or a new, useful and inventive process. The protection bestowed by the patent applies in the country which issued the document. It lasts 20 years as from the date of the filing.
The patents have two essential functions:

• - to encourage creativity and ingeniousness, by protecting the rights of the inventor
  - to share knowledge in terms of progress of technique. Indeed, the patent document describes in clear and accurate terms the technical aspects of the invention. It is published 18 months after its filing, and is accessible to any interested person, whether such a person is a contractor, researcher, inventor, academic, etc.

In Morocco, the patent is issued to the first person or company to file, even if he is not the inventor. It is thus important to file your patent application as soon as possible, to prevent somebody from doing it before you.

Q2 : Why get a patent

• f you do not have a patent on your invention, a third person will be able to copy it and exploit it without your agreement, and without you being able to benefit from it.
• A third party will be able to also file the patent application in your place, and thus steal your rights and inventor's benefits from you.
• Even if you manage to maintain secrecy, it may be that another inventor arrives to the same realization as you. If he files the patent, he will be able to then prohibit you from using your own unprotected invention

Q3 : Is the patent application obligatory

Not, but it is highly advised.
The patent confers territorial rights to you: thus think of taking the steps necessary to obtain a patent in each country where you want to use your invention.

Q4 : Who may file a patent

The patent is decreed to the first person or company registering the invention. In general, the holder is the inventor or the inventors. However, if the inventor carries out the invention within the framework of an employment contract ("works for hire"), the employer is the owner of the invention and hold the rights related to the patent. However, the law provides for financial compensations that the employer who is the owner of the patent will pay to the inventor.

Q5 : For how long is the patent valid

The duration of a patent in Morocco is 20 years as from the date of filing of the request. Periodic fees must be paid throughout the duration of the patent in order to maintain it in force.

Q6 : How to get a patent

You may get a patent in Morocco by filing a patent application and paying the due rights, with the Patents Service at Moroccan Office for Industrial and Commercial Property (OMPIC)

Q7 : Does a patent in Morocco protect my rights in other countries

No. The patents have a national scope. You must apply for a patent in each country where you want to benefit from protection.

Q8 : Is any invention patentable

To be patentable, an invention must meet the 3 following criteria:

• It must be suitable for industrial application: it must be useful, and one must be able to manufacture it and market it in an industrial or agricultural sector.
• It must be new: it should not be included in the state of the art, i.e. which it should not be made available to the public before its filing. To make sure about it, you must carry out a search for prior patent applications or registrations (see following question)
• It must involve an inventive activity: for a specialist of the profession, it should not obviously result from the state of the art.

Q9 : How to make sure that my invention is new

You must carry out search on the state of the art:

• You access the Moroccan patent-documents on OMPIC's search portal (www.ompic.org.ma/recherche), by asking your question in current language.
• You may also access the complete texts of the French, Japanese, American, European and international (PCT) patent applications on the website of the European Patent Office.
• OMPIC proposes to you to carry out searches in your place thanks to its customized services. You must touch base with the Patents Service, and possibly ask for an appointment with an engineer.

A preliminary search is important, because it may save you time and expenses which are associated to the filing of a patent application, when you note that your invention has already been patented.

Q10 : What is contained in a patent application

A patent application includes:

• a request,
• a description of the invention,
• a summary,
• one or several claims,
• any drawing mentioned in the description
• the filing fee.

Q11 : will check that my patented invention is not counterfeited

It is up to you, holder of the patent, to enforce your rights. If you note an infringement, you may start legal actions in courts. OMPIC will not enforce your rights.