Mauritius Joins the Patent Cooperation Treaty

The article titled, Patent Cooperation Treaty in Force in Mauritius since March 15, originally published by MONDAQ, was authored by Paul Baker, Smita Bheenick, and Pablo Quiles.

The Patent Cooperation Treaty (PCT) became effective in Mauritius on March 15, 2023, making it the 157th Contracting State of the PCT. Patents are crucial for encouraging innovation, economic growth, and technological advancements, as they provide inventors with exclusive rights to their inventions for a limited period, fostering incentives for research and development.

The PCT simplifies the process for inventors to seek patent protection in multiple jurisdictions through a single application. With the PCT in force in Mauritius, businesses and individuals in the country can now apply for patent protection in 156 PCT Contracting States. The Industrial Property Office of Mauritius is responsible for checking and transmitting international applications to the World Intellectual Property Organization (WIPO) for the international phase, which is then followed by the national phase, where national or regional patent offices grant patents.

To apply for international patent protection through the PCT, applicants need to submit an international application form with specific information about the applicant, the invention's description, claims, and more. The international application can be filed in any language, but translations may be required for certain cases.

Figure 1: Overview of the PCT System

Source: WIPO

The article also outlines the fees associated with PCT applications and the process for handling applications by the Industrial Property Office of Mauritius. If all requirements are met, the international filing date will be considered, and the application will proceed to the international search report phase. If requirements are not fulfilled, the applicant may be refunded the filing fee or asked to make corrections within a given timeframe.er Industrial Property Regulations 2022 and the PCT fee tables as of April 2023, the fees that the applicant needs to pay as are follows:

The accession of Mauritius to the PCT is considered a positive development for the private sector. It aligns Mauritius' intellectual property laws with global standards, providing more options for patent protection in Africa and facilitating the process for applicants and inventors in Mauritius.

Read the full article here.

Note: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about specific circumstances.