Question 1

Can I file a patent in Morocco in English?

Accepted Answer

No. While you may initially submit a description in a foreign language to secure a filing date under Article 31, Article 5 of the regulatory decree explicitly requires that the description, claims, and abstract must be translated into either French or Arabic for the application to be formally processed by OMPIC.

Question 2

Is software patentable in Morocco?

Accepted Answer

Computer programs "as such" are expressly excluded from patentability under Article 23.4 of Loi 17-97. However, the law stipulates that if the software execution involves a computer or network and provides a "technical contribution" (a technical solution to a technical problem), it may be eligible for a computer-implemented invention patent.

Question 3

I already have a granted European Patent (EP). Is it automatically valid in Morocco?

Accepted Answer

Not automatically, but the process is highly streamlined. Due to the validation agreement between Morocco and the EPO (reflected in Article 50.1), if you designated Morocco in your EP application, you can validate it in Morocco. You must supply OMPIC with a French or Arabic translation of the claims and pay the validation fee within three months of the EPO's publication of the grant.

Question 4

If someone infringes my patent in Morocco, how can I gather evidence before they hide the products?

Accepted Answer

Article 211 of Loi 17-97 empowers the patent owner to request an ex parte order (without notifying the infringer) from the President of the Commercial Court. This order authorizes a judicial bailiff (huissier de justice) to enter the infringer's premises, thoroughly describe the illicit processes, and physically seize the counterfeit goods and accounting records before a formal lawsuit is launched.

Question 5

What happens if I forget to pay the annual renewal fee for my patent?

Accepted Answer

Under Article 82 of Loi 17-97, patents are subject to annual maintenance fees. If you miss the deadline, you are granted a six-month grace period subject to a late payment surcharge. If the fee remains unpaid after this grace period, Article 83 dictates that the patent owner suffers the irreversible lapse (déchéance) of their rights, meaning the invention falls into the public domain in Morocco.

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