Morocco validates the effects of European patents on its territory
Morocco validates the effects of European patents on its territory
A new route to gain patent protection in Morocco is soon to open.
Indeed, it will be possible to validate European patents in Morocco where they will afford the same legal effects as Moroccan national patents and be subject to Moroccan patent law.
Validation for Morocco shall be deemed requested for any European or international application filed on or after March 1st, 2015. It shall not be available for applications filed prior to that date, or for any European patents resulting from such applications.
The request shall have to be confirmed by the payment of a EUR 240 validation fee to the EPO within the same period as for the payment of the designation and extension fees.
Following grant of the European patent, a translation of the claims in Arabic or French shall have to be supplied to the Moroccan Patent Office (OMPIC), along with payment of a prescribed fee. In practice, a French translation of the claims is to be already available from the grant phase of the European patent.
It is anticipated that this agreement will greatly simplify access to patent protection in Morocco for the holders of European patents.
It should further largely reduce costs as it removes the need for a national filing, and translation requirements are seriously relaxed.
An increase in the number of patent filings in Morocco is consequently expected, especially in those fields such as renewable energy and pharmaceutical products where patenting activity is already a noticeable trend.
Morocco is the first country to implement such a “validation on request” scheme. Yet, similar agreements have also been signed to authorize validation of European patents in Tunisia and Moldova, while discussions are being conducted with Georgia and OAPI (western African countries).
Brevalex will keep you informed of the progress of these further validation agreements, and is from now on, ready to assist you in obtaining patent protection in Morocco by validating your European patents.