TITLE II PATENTS
LexInter | January 30, 2016 | 0 Comments

TITLE II PATENTS

First chapter

Scope

Article 16

Any invention may be the subject of an industrial property title issued by the body responsible for industrial property. This title confers on its holder or his successors in title an exclusive right to exploit the invention. The right to industrial property rights belongs to the inventor or to his successors, subject to the provisions of article 18 below. If several people have made the invention independently of one another, the right to industrial property rights belongs to the one who justifies the earliest filing date.

Article 17

The industrial property titles protecting inventions are:

a) patents for invention, granted for a term of protection of twenty years from the date of filing of the patent application

b) certificates of addition, which are ancillary titles for inventions the subject-matter of which is attached to at least one claim of a main patent. The said certificates are issued for a period which takes effect from the date of filing of their application and which expires with that of the main patent to which they are attached.

Article 18

If the inventor is an employee, the right to industrial property, in the absence of a contractual stipulation more favorable to the employee, is defined according to the following provisions: a) inventions made by the employee in the execution of either an employment contract comprising an inventive mission which corresponds to its actual functions, that is to say studies and research which are explicitly entrusted to it, belong to the employer. The conditions under which the employee, author of such an invention, benefits from additional remuneration are determined by collective agreements and individual employment contracts.

Any dispute relating to the additional remuneration that the employee may receive as a result of his invention is submitted to the court. B) all other inventions belong to the employee. However, when an invention is made by an employee, either in the course of the performance of his duties, or in the field of the company’s activities, or by the knowledge or use of techniques or means specific to the company, or of data provided by it, the employee must immediately inform his employer by written declaration sent by registered letter with acknowledgment of receipt. In the event of multiple inventors, a joint declaration may be made by all the inventors. or by some of them only. The content of the declaration is determined by regulation. The employer has a period of six months from the date of receipt of the written declaration referred to above to be granted ownership or enjoyment of all or part the rights attached to the invention of his employee by filing a patent application with the body responsible for industrial property. However, if the employer has not filed the patent application within the time limit referred to above above, the invention is the right of the employee. The employee must obtain a fair price for it which, in the absence of agreement between the parties, is fixed by the court; the latter will take into consideration all the elements that may be provided to him, in particular by the employer and by the employee, to calculate the right price as a function of the initial contributions of one and the other as of the industrial and commercial utility of the invention. c) the employee and the employer must communicate to each other all useful information on the invention in question. They must refrain from any disclosure likely to compromise in whole or in part the exercise of the rights conferred by this title Any agreement between the employee and his employer relating to an employee’s invention must be recorded in writing under penalty of nullity. invention in question. They must refrain from any disclosure likely to compromise in whole or in part the exercise of the rights conferred by this title Any agreement between the employee and his employer relating to an employee’s invention must be recorded in writing under penalty of nullity. invention in question. They must refrain from any disclosure likely to compromise in whole or in part the exercise of the rights conferred by this title Any agreement between the employee and his employer relating to an employee’s invention must be recorded in writing under penalty of nullity.

Article 19

If an industrial property title has been requested either for an invention withdrawn from the inventor or his successors in title, or in violation of a legal or contractual obligation, the injured party may claim, before the court, ownership of the title issued. The claim action is prescribed by three years from the date of entry of the title in the national patent register referred to in the 1st paragraph of Article 58 below. However, in the event of bad faith at the time of the issue or acquisition of the title, the limitation period is three years from the expiration of the title.

Article 20

The inventor, employee or not, is mentioned as such in the patent. He can also oppose this mention.

Article 21

The invention can relate to products, to methods and to any new application or a combination of means known to achieve a result unknown compared to the state of the art. The invention can also relate to pharmaceutical compositions, pharmaceutical products or remedies of all kinds including the processes and apparatus used to obtain them.

Article 22

Any new invention, involving an inventive step and capable of industrial application, is patentable.

Article 23

The following are not considered as inventions within the meaning of article 22 above: 1) discoveries as well as scientific theories and mathematical methods; 2) aesthetic creations; 3) plans, principles and methods in the exercise of intellectual activities, in games or in the field of economic activities, as well as computer programs; 4) presentations of information The provisions of this article exclude the patentability of the elements listed in said provisions only insofar as the patent application or the patent relates only to one of these elements considered as such.

Article 24

The following are not patentable: a) inventions the publication or implementation of which would be contrary to public order or morality; b) plant varieties which are subject to the provisions of Law No. 9/94 on protection plant varieties.

Article 25

 Are not considered as inventions susceptible of industrial application within the meaning of article 22 above, the methods of surgical or therapeutic treatment of the human or animal body and the diagnostic methods applied to the human or animal body. This provision does not apply to products, in particular to substances or compositions, for the implementation of one of these methods.

Article 26

An invention is considered to be new if it is not included in the state of the industrial technique. The state of the art consists of anything which has been made accessible to the public by a written or oral description, a use or any other means, before the filing date of the patent application in Morocco or of a patent application filed abroad and the priority of which is validly claimed. Notwithstanding the provisions of this article, the disclosure of the invention is not taken into consideration in the following two cases: 1) if it takes place within six months preceding the filing date of the patent application; 2) if it results from publication, after the filing date, of an earlier patent application and whether, in either case, it results directly or indirectly: a) from an obvious abuse with regard to the applicant or his predecessor in title; b) from the fact that the invention was presented for the first time by the applicant or his predecessor in title in official or officially recognized international exhibitions organized in the territory of one of the countries of the International Union for the Protection of Industrial Property; however, in the latter case, the exhibition of the invention must be declared at the time of filing of the application.invention was presented for the first time by the applicant or his predecessor in law in official or officially recognized international exhibitions, organized in the territory of one of the countries of the International Union for the Protection of Industrial Property. in the latter case, the exposure of the invention must be declared when filing the application.invention was presented for the first time by the applicant or his predecessor in law in official or officially recognized international exhibitions, organized in the territory of one of the countries of the International Union for the Protection of Industrial Property. in the latter case, the exposure of the invention must be declared when filing the application.

Article 27

An invention is considered to involve an inventive step if, for a person skilled in the art, it does not follow in an obvious way from the state of the art. Article 28 An invention is considered capable of industrial application if its object can be manufactured or used in any kind of industry, including agriculture.

Article 29

Throughout the term of the patent, the patent holder or his successors in title may make improvements or additions to the invention which will be noted by certificates of addition issued under the same formalities and conditions as the main patent and producing the same effects. The provisions of this law relating to patents for inventions are applicable to certificates of addition with the exception of the provisions relating to the term of the patent and the payment of the fees payable for the maintenance in force of the said patent, provided for respectively by articles 17 a) and 82 of this law. The term of protection of the certificate of addition ends at the same time as that of the main patent.one of the rights holders, and whose request is made by the latter, benefit all the others.

Article 30

Any request for a certificate of addition may, before its issue, at the request of the applicant or his representative, be converted into a patent application. The conversion into a patent application takes effect from the date of filing of the application for a certificate of addition.

Chapter II Filing of the patent application and the grant of the patent

Section one. – Filing of the patent application

Article 31 Anyone wishing for a patent for an invention must file with the body responsible for industrial property, a patent application file under the conditions prescribed below: The patent application file must include the date of its filing: a) a patent application, mentioning the title of the invention, and the content of which is fixed by regulation; b) the justification of the fees payable. The patent application file does not include the documents provided for in a ) and b) above is not admissible at the time of filing. The formalities to be completed and the documents to be attached to the documents referred to in a) and b) above, in particular the documents relating to the description of the invention and the related claims, are fixed by regulation.

Article 32

When, on the filing date, the patent application file does not include one or more documents to be attached to the documents referred to in a) and b) above, and the list of which is fixed by regulation in application of the 4th paragraph of Article 31 above, the applicant or his representative has a period of three months from the date of his filing to regularize his file. initial deposit. The three-month period is a straightforward period. If the last day is a public holiday or a non-working day, the period is extended until the following working day.

Article 33

A receipt stating the date of delivery of the documents referred to in the 2nd and 4th paragraphs of Article 31 above is immediately delivered after filing of the application to the applicant or his representative.

Article 34

The description of the invention includes:

1) indication of the technical field to which the invention relates;

2) an indication of the state of the prior art, known to the applicant, which may be considered useful for understanding the invention;

3) a description of the invention, as characterized in the claims, allowing an understanding of the technical problem as well as the solution provided to it; are indicated, where appropriate, the advantages of the invention compared to the state of the prior art;

4) a brief description of the drawings, if any;

5) a detailed description of at least one embodiment of the invention; the presentation is in principle accompanied by examples and references to the drawings, if any;

6) an indication of the manner in which the invention is capable of industrial application, if this application does not clearly follow from the description or from the nature of the invention. The description of the invention must set out the invention in a sufficiently clear and complete manner for a person skilled in the art to be able to carry it out.

Article 35

The claims define the object of the requested protection, indicating the technical characteristics of the invention. A claim cannot, unless absolutely necessary, be based in order to express the technical characteristics of the invention, on simple references to the description or to the drawings.

Article 36

The title must characterize the object of the invention. It must show in a clear and concise manner the technical name of the invention and not include any fancy name.

ARTICLE 37

The patent application must not contain: 1) elements or drawings the publication or implementation of which would be contrary to public order or morality; 2) denigrating statements concerning products or processes of third parties or the merit or validity of patent applications or third party patents. Mere comparisons with the state of the art are not in themselves considered disparaging; 3) elements manifestly foreign to the description of the invention The patent application may not contain any restrictions, conditions or reservations. .

Article 38

The patent application can only relate to one invention or to a plurality of inventions linked together so as to form a single general inventive concept.

Article 39

Before the grant of the patent and upon justified request, the applicant or his representative may request the rectification of errors of expression or transcription as well as of material errors found in the documents and documents filed. , claims or drawings, rectification is only authorized if it is evidently necessary, no other text or line clearly having been envisaged by the applicant. The request for rectification mentioned in paragraph 1 of this article is presented in writing and includes the text of the proposed modifications. It is decided on the request for rectification by the body responsible for industrial property within a period of fifteen days from the date of filing of the request.

Article 40

The owner of a patent application or his representative with special power may, from the date of filing of his application and before the date of grant of the patent, withdraw his patent application by a written declaration, under subject to the following provisions: a) if real rights of license or pledge have been entered in the national register of patents referred to in the 1st paragraph of Article 58 below, the declaration of withdrawal is only admissible if it is accompanied by the written consent of the holders of these rights; b) if the patent application is in joint ownership, the withdrawal of the application can only be made if it is requested by all the joint owners. is registered by thebody responsible for industrial property in the national register of patents referred to in the 1st paragraph of Article 58 below.

ARTICLE 41

Any patent application shall be rejected which: 1) is not considered to be an invention within the meaning of Article 23 above; 2) is not patentable within the meaning of Article 24 above; 3) n ‘is not considered to be an invention capable of industrial application within the meaning of Article 25 above; 4) has not been regularized within the period of three months provided for in Article 32 above; 5) does not comply with the provisions of Article 37 above; 6) concerns more than one inventions or a plurality of inventions which are not interrelated within the meaning of Article 38 above. The rejection of any patent application must be motivated and notified to the applicant or his representative by registered letter with acknowledgment of receipt. The mention of said rejection is entered in the national register of patents referred to in the 1st paragraph of article 58 below.

Article 42

For the needs of National Defense, the issuance and use of an invention patent may be prohibited, either definitively or provisionally, in the event that the publication of the invention is likely to jeopardize the security of the invention. For this purpose, any patent application, as soon as the patent application file has been regularized, and this, during the period of fifteen days provided for in the 1st paragraph of Article 43 below, may be consulted on a confidential basis in the premises of the body responsible for industrial property. Before the expiry of the period of fifteen days referred to in the previous paragraph, the decision, either to suspend the grant and disclosure of the patent until the expiry of the period of eighteen months provided for in the 1st paragraph of article 44 below, either to prohibit definitively the grant, disclosure and exploitation of said patent is notified to the competent administrative authority and to the body responsible for industrial property. paragraph of this Article, no decision has been notified to the competent administrative authority and to the body responsible for industrial property, the report provided for in Article 43 below shall be delivered or notified to the applicant or to its representative In the event that there is a stay, and if no decision concerning the maintenance or the lifting of the stay of the grant of the patent has been notified to the competent administrative authority and to thebody responsible for industrial property during the period of eighteen months referred to in the first paragraph of Article 44 below, the aforementioned report will be delivered or notified and the patent will be issued to the applicant or his representative under the conditions provided for in Articles 46 to 48 below. In the event that there is a definitive prohibition on the grant, disclosure and use of the patent, the aforementioned report will not be drawn up and the patent will not be granted. The body responsible for industrial property must notify the applicant or his representative in writing of any decision taken in application of this Article.Exploiting an invention gives rise to the right to compensation set in agreement with the holder (s) of a patent application or their representative. Any dispute regarding compensation is submitted to the administrative court in Rabat.

Article 43

When the patent application is not the subject of a rejection in application of the provisions of Article 41 above, and at the expiration of a period of fifteen days from the date of filing or, the where applicable, from the date of regularization of the patent application file, a report recording the filing of the said application and mentioning the date of the said filing and the attachments is drawn up by the body responsible for industrial property. verbal is delivered or notified to the applicant or his representative.

Article 44

Patent application files duly filed with the body responsible for industrial property are not made public until the expiration of a period of eighteen months. This period begins to run from the date of filing of the said requests. At the end of the period referred to above, any person may examine and copy the documents and documents referred to in article 49 below.

Article 45

Only the owner (s) of the patent application or their representative, to whom the report has been delivered or notified, may obtain, on written request within the time limit provided for in Article 44 above, an official copy of the original of the description and, where applicable, of the drawings, issued by the body responsible for industrial property.

Section II – Grant of the patent

Article 46

Patents are granted after the period of eighteen months provided for in the first paragraph of Article 44 above. Patents are granted according to the date of filing of their application according to a schedule and periodicity provided for by regulation.

Article 47

Patents, the application of which has not been rejected, are granted without prior examination, at the risk and peril of the applicants and without guarantee, either of the reality of the invention, or of the fidelity or accuracy of the description. , or the merit of the invention.

Article 48

The patent for invention is granted by the body responsible for industrial property and delivered to the applicant or his representative, and to which the description, the claim (s) and, where applicable, the drawings are attached. the date of its issue are entered in the national register of patents referred to in the 1st paragraph of Article 58 below. From the day of this registration, any person can read and copy it.

Article 49 Descriptions, claims and drawings of patents for inventions and certificates of addition issued shall be communicated by the body responsible for industrial property to any person who wishes to obtain an official copy.

Article 50

The granted patent is published in the official catalog referred to in article 89 below.

Chapter III Rights attached to patents for inventions

Section one. – The exclusive right of exploitation

Article 51

The rights attached to a patent application or to an invention patent take effect from the date of filing of the patent application and confer on their holder or his successors in title the exclusive right of exploitation referred to in the first paragraph of article 16 above.

Article 52

The extent of patent protection is determined by the content of the claims. However, the description and the drawings may be used to interpret the claims. If the subject-matter of the patent relates to a process, the protection conferred by the patent extends to products obtained directly by that process.

Article 53

The following are prohibited, without the consent of the patent owner: a) the manufacture, offer, marketing, use or import or possession, for the aforementioned purposes, of the product covered by the patent; b ) the use of a process that is the subject of the patent or, when the third party knows or when the circumstances make it obvious that the use of the process is prohibited without the consent of the patent owner, the offer of its use on Moroccan territory; c) offering, putting on the market or using or importing or holding, for the aforementioned purposes, the product obtained directly by the process which is the subject of the patent.

Article 54

Is also prohibited, in the absence of the consent of the owner of the patent, the delivery or the offer of delivery, on the Moroccan territory, to a person other than that authorized to exploit the patented invention, of the means of implementation, on this territory, of this invention relating to an essential element thereof, when the third party knows or when the circumstances make it obvious that these means are suitable and intended for this implementation. The provisions of the above paragraph are not applicable when the means of implementation are products that are commonly found on the market, unless the third party encourages the person to whom he delivers to commit acts prohibited by the article 53 above. Are not considered as persons authorized to exploit the

Article 55

The rights conferred by the patent do not extend to: a) acts performed in a private context and for non-commercial purposes; b) acts performed on an experimental basis which relate to the subject matter of the patented invention; c) to the preparation of medicines carried out extemporaneously and by unit in pharmacies, on medical prescription, nor to acts concerning the medicines thus prepared; d) acts concerning the product covered by this patent, carried out on Moroccan territory, after this product has been marketed in Morocco by the owner of the patent or with his express consent; e) the use of objects patented on board aircraft, land vehicles or ships of member countries of the International Union for the Protection of Industrial Property which temporarily or accidentally enter the airspace, territory or territorial waters of Morocco; (f) acts performed by any person who, in good faith, on the filing date of the application or, where priority is claimed, on the priority date of the application on the basis of which the patent is granted on the basis of territory of Morocco, used the invention or made effective and serious preparations to use it, insofar as these acts do not differ, in their nature or purpose, from the actual or envisaged prior use. The right of the previous user can only be transferred with the company to which he is attached.

Section II. – Transfer and loss of rights

Subsection 1. – General provisions

Article 56

The rights attached to a patent application or a patent are transferable in whole or in part and may be the subject, in whole or in part, of an exclusive or non-exclusive operating license, as well as of ” a pledge. The rights conferred by the patent application or patent may be invoked against a licensee who infringes any of the limits of his license imposed by virtue of the preceding paragraph. provisions of article 19 above, a transmission of the rights referred to in the first paragraph of this article does not affect the rights acquired by third parties before the date of transmission. paragraphs above, are recorded in writing, under penalty of nullity.

Article 57

In the absence of contractual stipulations, the licensee automatically benefits from the certificates of addition attached to the patent, subject of the license, which would be issued later on the date of the conclusion of the operating license contract, to the patent holder or Conversely, the patent owner or his successors in title benefit from the certificates of addition, attached to the patent, which would be issued subsequently to the licensee from the date of the conclusion of the contract for the operating license.

Article 58

All acts transmitting, modifying or affecting the rights attached to a patent application or to a patent must, in order to be enforceable against third parties, be entered in a register called the “national register of patents”, kept by the body responsible for property. However, before its registration, an act is opposable to third parties who have acquired rights after the date of this act but who were aware of it when these rights were acquired. patent or patent or the enjoyment of the rights attached to it, such as assignment, license, constitution or assignment of a right of pledge or waiver thereof, seizure, validation and release of seizure, are entered on the request of one of the parties to the act.For the registration of the mentions following a court decision that has become final, the registry secretariat sends, within fifteen days from the date of the said decision, to the body responsible for industrial property, in full and free shipment, the decisions relating to the existence, extent and exercise of the rights attached to the protection provided for by this title. The formalities to be completed and the documents to be attached to the registration requests are set by regulation. decisions relating to the existence, scope and exercise of the rights attached to the protection provided for by this title. The formalities to be completed and the documents to be attached to the registration requests are set by regulation. decisions relating to the existence, scope and exercise of the rights attached to the protection provided for by this title. The formalities to be completed and the documents to be attached to the registration requests are set by regulation.

Article 59

Anyone interested can obtain an extract from the national patent register.

Sub-section II – Compulsory licenses

Article 60

Any person governed by public or private law may, three years after the grant of the patent or four years after the date of filing of the patent application, obtain from the court a compulsory license of this patent, under the conditions provided for in Articles 61 and 62 above. below, if at the time of the request, and unless there is a legitimate excuse, the owner of the patent or his successor in title: a) has not started to exploit or has made effective and serious preparations to exploit the invention which is the subject of the patent on the territory of the Kingdom of Morocco; b) has not marketed the product covered by the patent in sufficient quantity to meet the needs of the Moroccan market; or c) when the exploitation or marketing of the patent in Morocco has been abandoned for more than three years.

Article 61

The request for a compulsory license is made to the court. It must be accompanied by the justification that the applicant has been unable to obtain an amicable operating license from the owner of the patent, in particular on reasonable commercial terms and conditions and that he is in a position to exploit the invention of the patent. so as to meet the needs of the Moroccan market.

Article 62

The compulsory license can only be non-exclusive. Any compulsory license must be granted mainly for the supply of the Moroccan market. It is granted under conditions determined by the court, in particular as to its duration and its scope, which will be limited to the purposes for which the license is granted, as well as the amount of the royalties to which it gives rise. These royalties are fixed according to the specific case, taking into account the economic value of the license. These conditions can be modified by the court at the request of the owner or the licensee.

Article 63 When the circumstances which led to the granting of the compulsory license cease to exist and are unlikely to recur, the operating license may be withdrawn provided that the legitimate interests of the licensees are adequately protected. The court may re-examine, upon a reasoned request by any interested party, whether these circumstances continue to exist.If the holder of a compulsory license does not meet the conditions under which such license was granted to him, the owner of the patent and the if necessary, the other licensees may obtain from the court the withdrawal of this license. Any assignment of the rights attached to a compulsory license is, on pain of nullity, subject to the authorization of the court.

Article 64

Judicial decisions which have become final and taken in application of the provisions of this sub-section-II, must be immediately notified by the registry secretariat to the body responsible for industrial property which registers them in the national patent register.

Article 65

The holder of a compulsory license may be granted by the court under the conditions provided for in Articles 60 to 62 above, in the absence of an amicable agreement, a compulsory license of a certificate of addition attached to the patent even if this certificate was issued before the expiry of the time limits provided for in article 60 above.

Article 66

When an invention protected by a patent cannot be exploited without infringing the rights attached to an earlier patent the owner of which refuses the license to use on reasonable commercial terms and conditions, the owner of the subsequent patent may obtain from the court a compulsory license, under the same conditions as those provided for in Articles 60 to 62 above, subject to: a) that the invention claimed in the subsequent patent implies significant technical progress, of considerable economic interest in relation to to the invention claimed in the earlier patent; (b) that the owner of the earlier patent is entitled to a cross-license on reasonable terms to use the invention claimed in the subsequent patent; etc.) that the license relating to the earlier patent be non-transferable unless the subsequent patent is also assigned.

Sub-section III – Ex officio licenses

Article 67

If the interest of public health so requires, patents granted for medicinal products, for processes for obtaining medicinal products, for products necessary for obtaining these medicinal products or for manufacturing processes for such products, may , in the event that these drugs are only made available to the public in insufficient quantity or quality or at abnormally high prices, be used ex officio. Ex officio use is decreed by an administrative act at the request of the public health administration.

Article 68

The administrative act referred to in Article 67 above is notified to the patent owner, to the licensees where applicable, and to the body responsible for industrial property which automatically registers it in the national patent register.

Article 69

From the date of publication of the administrative act which enacts the ex officio exploitation of a patent, any qualified person may request the granting of an operating license known as an “ex officio license”. It is requested and granted in the forms fixed by regulation. The ex officio license is granted under conditions determined in particular as to its duration and its field of application. The royalties to which it gives rise are left to the agreement of the parties and failing that by agreement between them, their amount is fixed by the court and takes effect on the date of notification of the deed granting it to the parties. This act is automatically entered in the national patent register. This license can only be non-exclusive. The rights attached to a license

Article 70

The modifications of the clauses of the license, requested either by the owner of the patent, or by the holder of this license are decided and published according to the procedure prescribed for the granting of the said license. If they relate to the amount of royalties, they are decided according to the procedure prescribed for the initial fixing of this amount.The withdrawal of the license requested by the patent owner for failure to fulfill the obligations imposed on the license holder is carried out in accordance with the provisions provided for in the regulatory text referred to in Article 69.

Article 71

The competent administration may give notice to the owners of patents other than those referred to in Article 67 above to undertake their exploitation in such a way as to meet the needs of the national economy.

 Article 72

The formal notice decision provided for in Article 71 above must be reasoned and notified to the patent holder and, where applicable, to the holders of licenses entered in the national patent register or to their representatives.

Article 73

If the formal notice provided for in article 71 above has not been followed up within one year from the date of receipt of its notification and if the absence of operation or insufficient quality or quantity of the exploitation undertaken seriously prejudices the economic development and the public interest, the patents, object of the formal notice, can be exploited ex officio. Ex officio use is decreed by an administrative act. The period of one year provided for in the first paragraph above, may be extended by administrative act of the competent administrative authority when the patent owner justifies a legitimate apology and compatible with the requirements of the national economy. The additional period referred to in the previous paragraph runs from the expiration date of said one-year period. The decision granting this period is taken and notified according to the procedure and in the forms provided for the decision of formal notice.

Article 74

When, by virtue of the provisions of the 1st and 2nd paragraphs of Article 73 above, use is made of the ex officio exploitation of patents, the provisions of Articles 68 to 70 above shall apply.

Article 75

The State may obtain ex officio, at any time, for the needs of national defense, a license for the exploitation of an invention, the subject of a patent application or a patent, whether such exploitation is carried out. by himself or on his behalf. The ex officio license is granted at the request of the administration responsible for national defense by an administrative act. This act fixes the conditions of the license to the exclusion of those relating to the royalties to which it gives rise. The license takes effect on the date of the ex officio license application. In the absence of an amicable agreement between the patent owner and the administration concerned, the amount of the royalties is fixed by the administrative court of Rabat.

ou Section IV.- Seizure

Article 76

The seizure of a patent is carried out by virtue of an order of the president of the court ruling in summary proceedings notified to the patent owner, to the body responsible for industrial property, as well as to the persons possessing rights in the patent. notification of the seizure renders unenforceable against the creditors seizing any subsequent modification of the rights attached to the patent. On pain of nullity of the seizure, the garnishee creditor must, within fifteen days from the date of the seizure order, bring before the court the validity of the seizure and for the purposes of selling the patent.

Sub-section V. – Co-ownership of patents

Article 77

Subject to the provisions of Article 80 below, the joint ownership of a patent application or of a patent is governed by the following provisions:

a) each of the co-owners may exploit the invention for his own benefit, except to fairly compensate the other owners who do not personally exploit the invention or who have not granted operating licenses. In the absence of an amicable agreement, this compensation is fixed by the court;

b) each of the co-owners may act for infringement for his sole benefit. The infringement request must be notified to the other co-owners. The decision on the action is suspended as long as this notification is not justified;

c) each of the co-owners may grant a non-exclusive operating license to a third party for his benefit, except to fairly compensate the other co-owners who do not personally exploit the invention or who have not granted operating licenses. In the absence of an amicable agreement, this compensation is fixed by the court. However, the concession project must be notified to the other co-owners accompanied by an offer to transfer the share at a determined price.Within three months following this notification, any of the co-owners may object to the granting of a license on the condition of acquiring the share of the person who wishes to grant the license. the price is set by the court. The parties have a period of thirty days from the notification of the judicial decision, to renounce the concession or the purchase of the share of co-ownership without prejudice to the damages that may be due; the costs are to be borne by the renouncing party.

d) an exclusive operating license can only be granted with the agreement of all the co-owners or by judicial authorization;

e) each co-owner may, at any time, transfer his quota. The co-owners have a right of pre-emption for a period of three months from the notification of the proposed transfer. In the absence of agreement on the price, it is fixed by the court. The parties have a period of thirty days from the notification of the court decision to renounce the sale or purchase of the co-ownership share without prejudice to any damages that may be due; the costs are to be borne by the renouncing party.

Article 78

The provisions of sections 960 to 981 of the DOC do not apply to the joint ownership of a patent application or a patent.

Article 79

The co-owner of a patent application or of a patent may notify the other co-owners that he is relinquishing his share in their favor. From the date of registration of this surrender in the national patent register, the said co-owner is released from all obligations towards the other co-owners in the event of their acceptance of the said surrender. These share the abandoned quota in proportion to their rights in the co-ownership, unless otherwise agreed.

Article 80

 The provisions of articles 77 to 79 above apply in the absence of contrary stipulations. The co-owners can derogate from them at any time by a co-ownership regulation.

Subsection vi. – Miscellaneous

Article 81

The exclusive right of exploitation attached to the patent for invention protected by this title ends at the expiration of its period of validity and may, at any time, be the subject of a patent on the part of its holder. Waiver either for the whole of the invention or for one or more claims of the patent. The waiver must be made by a written declaration by the owner of the patent or his representative. In the latter case, a special power of renunciation must be attached to the declaration. When the patent is in co-ownership, the renunciation can only be effected if it is requested by all the co-owners. If real rights of license or pledge have been entered in the national patent register, the declaration of renunciation shall not is admissible only if it is accompanied by the consent of the holders of these rights. The renunciation is entered in the national register of patents. It takes effect on the date of this registration.

Article 82

The holder of a patent who has not paid the fees payable for the maintenance in force of his rights within the prescribed time limits incurs the forfeiture of said rights. However, payment of the due duties may be validly made for an additional period of six months from the date of its due date. When payment of the due duties has not been made by the due date, a warning is sent by the body responsible for industrial property by registered letter with acknowledgment of receipt to the patent holder, or to his representative, to him. indicating that he incurs the forfeiture of his rights if the payment is not made before the expiry of the six-month period provided for in the previous paragraph.

Article 83

The holder of a patent who has not paid the fees payable at the expiration of the six-month period provided for in the second paragraph of Article 82 above is forfeited of his rights.

Article 84

Forfeiture is recorded by a written and reasoned decision of the body responsible for industrial property notified to the patent owner or his representative in the forms fixed by regulation. The forfeiture takes effect on the date of the due date of the unpaid payment. The mention of the decision to establish the revocation is entered in the national register of patents. However, the patent owner may, within three months from the date of receipt of the notification of the decision referred to in the above paragraph, lodge an appeal with the body responsible for industrial property with a view to ” to be restored to its rights if it can justify a legitimate excuse for the non-payment of the due duties. The restoration of rights may be granted by written decision of the body responsible for industrial property, provided that the said payable rights are paid before the expiry of the three-month period provided for in the previous paragraph. is entered in the national patent register, which also mentions the date of payment of the fees payable. The decision to restore rights is notified to the patent owner or his representative. The revocation of a patent entails the revocation of the certificates of addition relating to said patent. The mention of the decision to restore rights is entered in the national register of patents, which also mentions the date of payment of the due rights. The decision to restore rights is notified to the patent owner or his representative. The revocation of a patent entails the revocation of the certificates of addition relating to said patent. The mention of the decision to restore rights is entered in the national register of patents, which also mentions the date of payment of the due rights. The decision to restore rights is notified to the patent owner or his representative. The revocation of a patent entails the revocation of the certificates of addition relating to said patent.

Article 85

The invalidity of the patent shall be pronounced by the court at the request of any person having an interest therein: a) if the invention is not patentable under the terms of the provisions of Articles 22 to 28 of this Law; b) if the description of the invention does not disclose the invention in a sufficient manner for a person skilled in the art to be able to carry it out; (c) whether the subject-matter of the invention extends beyond the application as filed; (d) if the claims do not define the scope of protection sought. Where the grounds for invalidity affect the patent only in part, the invalidity shall be pronounced in the form of a corresponding limitation of the claims.

 Article 86

The nullity action can be brought by any person having an interest in it. In any proceeding tending to declare the invalidity of a patent, the public prosecutor may intervene and take requisitions to have the patent declared absolute invalidity, and can even appeal directly by main action to have the invalidity declared.

Article 87

The patented invention of which the owner has been forfeited, and the invention of which the patent has been canceled, cannot be the subject of another patent application.

Article 88

Certificates of addition end with the main patent, however, in the event that the patent is declared void by application of Article 85 above, the certificates of addition are not affected by this nullity if the improvements which make it are the subject matter constitute an invention.

Chapter IV

Publication of patents for inventions Article 89 The body responsible for industrial property publishes an official catalog of granted patents. Mention is made of the acts referred to in the first paragraph of article 58 above.

appeal directly by main action to have the nullity pronounced.

Article 87

The patented invention of which the owner has been forfeited, and the invention of which the patent has been canceled, cannot be the subject of another patent application.

Article 88

Certificates of addition end with the main patent, however, in the event that the patent is declared void by application of Article 85 above, the certificates of addition are not affected by this nullity if the improvements which make it are the subject matter constitute an invention.

Chapter IV

Publication of patents for inventions Article 89 The body responsible for industrial property publishes an official catalog of granted patents. Mention is made of the acts referred to in the first paragraph of article 58 above.

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