A patent application containing the description of the invention must be filed accompanied by a proof of payment of the prescribed fees. A 3-month period is given to the applicant or his representative to file any missing documents. After full payment of the official fees, the application will then enter in the National Patent Register and it will be allotted a filing number and a filing date. A receipt shall be issued to the applicant or his representative after the filing of the application.
Once all filing procedures are completed, the patent application is confidentially consulted by the representatives of the Administration of the National Defense in order to ensure that the publication of the invention does not harm the state security.
The term for the protection of a normal patent right is 20 non-renewable years as of the filing date of the patent application, and is also 20 non-renewable years as of the international filing date for the Patent Cooperation Treaty (PCT) application entering national phase in Morocco.
Examination of patent applications will only be as to form and patentability of the invention's title only, i.e. the applications will not undergo any substantive examination. Patents are granted within 18 months as of the filing date of the patent application. Exclusive rights to exploit the invention are granted to the inventor or his successors in title.
Patent annuities from (1st-5th) must be paid at once. The rest of annuities are payable by periods of 5 years as follows: (6th-10th, 11th-15th and 16th- 20th). A 6-month grace period is allowed with a fine and a further 3-month grace period is also granted to restore the patent, if the patentee could justify the reasons for non payment.
A 3-month grace period is granted to fulfill the filing requirements and documents starting from the filing date, otherwise, the application is refused by the Patent Office.
Working of patents in Morocco is an official requirement. Working must be effective within 3 years as of the date of filing the application. Nominal working by means of a direct offer or an advertisement will be sufficient. Compulsory licenses have only been issued for patents relating to national defense.
A patent of invention may be subject to compulsory licensing, if not used or worked out within a period of 3 years as of grant or 4 years as of filing. A compulsory license may only be non-exclusive. When the public health or security is involved, some patents may be subject to "automatic" licensing.
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 3 months from its date of execution. Likewise, recording a license is permitted.
The law also provides for the protection of layout designs (topographies) of integrated circuits, invention of employees, pharmaceutical compositions, pharmaceutical products and remedies.
Morocco has been a member of the PCT since October 8, 1999. Any international application made as of the aforementioned date may designate the Kingdom of Morocco.