PCT NATIONAL PHASE ENTRY
Morocco

Morocco has been a member state of the Patent Cooperation Treaty (PCT) since October 8, 1999. In the Moroccan patent system, applications undergo a comprehensive examination process, addressing both formal and substantive requirements.

During the examination, the patent application is meticulously scrutinized for compliance with formalities, ensuring that all necessary documentation and information are correctly provided. Substantively, the application is evaluated against the established criteria of novelty, inventive step, and industrial applicability. The examination process in Morocco is designed to ensure that granted patents uphold the essential principles of novelty, involve an inventive step, and possess practical industrial applicability. This approach aligns with international patent standards and reflects Morocco's commitment to maintaining a robust and effective patent system.

The major requirements and procedure to file a patent application in Morocco are mentioned below:

The designated period for submitting a patent application in the following country under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

In Morocco, the official language for filing patent application is Arabic or French. If the international application is in a different official language, providing a translation into the above mentioned official languages is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The term of filing late national phase applicatiion within the jurisdiction cannot be extended. Submitting an application in any language is permissible; however, the translation must be diligently furnished within a strict three-month window. 

The essential documents required for filing a national phase application include:

• Power of Attorney: in the event that the applicant is not a resident in Morocco, the essential step is the appointment of a representative or agent to act on their behalf. This delegate becomes the legal liaison, bridging the geographical gap to navigate the intricacies of the application process within the Moroccan jurisdiction.
• Assignment Deed: in situations where the patent application transitioning into the national phase is submitted by a different applicant than the one who originally filed the international application, a formal deed of assignment for the international application is required. 
• VerifiedTranslation: a verified translation in either Arabic or French is mandatory for the application. The translated document must undergo authentication or verification to ensure accuracy and compliance with the language standards in either Arabic or French.

Certain concessions are afforded in the filing process, publication, and additional fees for claims exceeding 10. These concessions specifically apply to very small enterprises, small or medium enterprises (as per the SME charter criteria), natural persons, self-entrepreneurs, craftsmen, universities, educational institutions, and entities with a research or development mission. This inclusive list covers both national and foreign entities, encompassing public establishments, foundations, research centers, and associations.

When the formal requirements of a patent application are met, the Office initiates the process by establishing a preliminary search report along with an opinion on the patentability of the application. This evaluation is based on the claims, considering the description and drawings, if provided. The applicant or agent is then notified, allowing them three months to respond if necessary. If the application is not rejected or withdrawn, it is published on the Office's publication server.

Within two months of the publication date, third parties can submit observations on the application, focusing on the criteria for patent validity. These observations are promptly conveyed to the applicant or agent, who has two months to respond, if needed. Subsequently, a final search report is compiled, incorporating the preliminary search report and considering the final set of claims, applicant's observations, and third-party inputs.

If there are no grounds for rejection, the patent is granted for the claims in full or in part and is published. However, if reasons for rejection exist, a justified partial or total rejection is issued concerning the relevant claims, and the applicant or agent is informed accordingly.

Following the communication of a rejection decision, the applicant or agent has a two-month window to submit counterarguments. If these arguments have the potential to alter the examiner's opinion, a new decision is made in light of the submitted observations. This comprehensive process ensures a thorough examination of the patent application and allows for meaningful interactions between the applicant, third parties, and the patent office.

Renewal fees for a patent application are obligatory for the years subsequent to the patent's granting. Failure to pay these fees within the specified timeframe may result in the forfeiture of patent rights. However, there is a grace period of an additional six months from the expiration of the initial deadline during which the fees can still be validly paid. In such instances, a surcharge is levied for each month of delay in payment. It's a window for tardy payment, albeit with an incremental cost for each overdue month.

The standard term for a patent is 20 years from the filing date. However, if the patent is granted more than four years after the filing date, an extension can be applied, allowing for a prolonged duration beyond the initial 20 years.

The Global Innovation Index (GII) is a comprehensive assessment that evaluates world economies based on their innovation capabilities. With approximately 80 indicators categorized into innovation inputs and outputs, the GII provides a nuanced perspective on the various dimensions of innovation.

As of the 2022 ranking, Morocco holds the 67th position among the 132 economies featured in the GII. Impressively, within the subset of lower-middle-income group economies, Morocco secures a noteworthy 6th place. Regionally, Morocco stands at the 8th position among the 19 economies in Northern Africa and Western Asia.

Noteworthy progress has been observed in Morocco's innovation landscape, as the country advanced from the 77th position in 2021 to the 67th position in 2022. This upward trajectory reflects a positive trend in the nation's innovation capabilities, as measured by the diverse range of factors considered in the GII.