Chapter III
Rights deriving from invention patents
SECTION I
EXCLUSIVE RIGHT TO WORK
51. The rights deriving from an application for a patent or an invention patent shall
come into force on the date on which the patent application is filed and shall confer on the
owner or his successors in title the exclusive right to work referred to in the first paragraph of
Article 16 above.
52. The scope of the protection granted by the patent shall be determined by the
wording of the claims. However, the description and the drawings may be of use for the
interpretation of the claims.
If the subject matter of the patent relates to a process, the protection granted by the
patent shall extend to the goods obtained directly by means of this process.
53. The following shall be prohibited without the patent owner’s consent:
(a) the manufacture, advertising, marketing, use or importation or holding in stock for
those purposes, of the good to which the patent relates;
(b) the use of a process which is the subject matter of the patent or, if the third party
knows, or it is obvious in the circumstances that the use of the process is prohibited without
the consent of the owner of the patent, the advertising of its use on Moroccan territory;
(c) the advertising, marketing or use or the importation or holding in stock, for those
purposes, of the good obtained directly through the process to which the patent relates.
54. It shall also be prohibited, without the patent owner’s consent, to deliver or offer to
deliver, on Moroccan territory, to a person other than the one entitled to work the patented
invention, the means for the implementation, on Moroccan territory, of this invention relating
to an essential element thereof, where the third party knows, or it is obvious in the
circumstances, that these means are suitable and intended for such implementation.
The provisions of the aforegoing paragraph shall not apply where the means of
implementation are goods commonly available for sale to the public, unless the third party
incites the person he supplies to commit the acts prohibited by Article 53 above.
Persons who perform the acts referred to in Article 55 below shall not be considered
persons authorized to work the invention, as defined by the first paragraph of this Article.
55. The rights conferred by the patent shall not extend to:
(a) acts performed in a private circle for non-commercial purposes;
(b) acts performed experimentally that relate to the subject matter of the patented
invention;
(c) the individual preparation of medically prescribed drugs by dispensing chemists, or
acts relating to drugs so prepared;
(d) acts relating to the good covered by this patent, performed on Moroccan territory,
after this good has been placed on sale in Morocco by the patent owner or with his express
consent;