Despite the independence of Morocco and the integration of Tangier in the general economy of the Kingdom, the Office Morocain de la Propriete Industrielle at Casablanca and Bureau de la Propriete Industrielle at Tangier are still functioning separately. For protecting intellectual property rights in Morocco, registrations in both Casablanca and Tangier are still necessary.

Once an application for the registration of a patent is filed, it will be examined as to form only. The Moroccan Patent Office does not carry out any examination as to novelty or merit of the invention. The particulars of the patent are published in the Official Gazette in a special supplement and at long non-regular intervals. Opposition to the grant of a patent is not provided for in Morocco. The same is appliacble to Tangiers.

Pharmaceutical compounds or remedies are not patentable, but as Morocco has become party to the TRIPS agreement a black box application can be filed for pharmaceutical compounds. Universal novelty is stipulated by the law, i.e. a patent application should be filed before the invention has been published in any form anywhere in the world.

A patent is valid for 20 years from the date of grant. Extension or restoration of a lapsed patent is not possible. Annuities are payable as from the date of filing, whether before or after the grant of the patent. A grace period of six months is allowed for late payment of annuities.

Working of patents in Morocco is an official requirement. Working must be effected within three years as from the date of filing the application in Morocco. Nominal working by means of a direct offer or an advertisement will be sufficient. Compulsory licenses have only been issued for patents relating to arms or national defence.

The right to a patent may be assigned in whole or in part. In order to be effective against third parties, the assignment should be recorded within three months from its date of execution. Likewise, recording a license is permitted.

The adhesion of Morocco to PCT will be effective as of 8 October 1999. Hence, Morocco become the 104th member state of the PCT. Any international application made as of 8 October 1999 may designate the Kingdom of Morocco , but until the time of printing of this handbook the local requirements and procedures had not been issued.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Abu-Ghazaleh Intellectual Property Bulletins

For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins