The Law No. 17.97 related to Industrial Property Law in Morocco has been modified and supplemented by the new Law No. 23.13 and is in force since December 18, 2014. The amendments made to the law will render it in harmony with the TRIPs and International Agreements and with the requirements of economic development that the world is witnessing.
Division: Provision for divisional applications.
Substantive examination: Mandatory substantive examination of patent applications.
European Patents: Starting from March 1, 2015, it is possible to file a European patent application and request a validation for Morocco after the payment of a validation fee. European applications and patents validated for Morocco will have the same legal effect as national patents in Morocco and will be subject to the Moroccan Patent law.
Industrial Design and Models
Division: Possible to file divisional design applications.
Period: Provision for registration for 5 years; extendable for further 5 years for a maximum period of protection of 25 years.
Publication: Publication of the applications could be postponed for a period not exceeding 18 months.
Electronic filings: Filing via electronic way is now possible.
Division: Provision for the division of trademark applications on the basis of good or services.
Examination: Substantive examination of trademark applications on absolute grounds.
Opposition procedure: New procedure has been implemented.
IP Attorney’s requirements: Only IP attorneys registered before the PTO shall be eligible to act before the PTO without using a POA (except operation regarding transfer of rights, etc…) and also during the opposition procedure.
Third parties objections: Any entitled party may object the registration of a trademark, patent, design, before the PTO on the basis of absolute grounds.
Dating system: A sealed envelope will permit parties to ascertain the date of the creation in case of litigation