Patents Laws in Mauritius
Here is a comprehensive overview of patent laws in Mauritius:
1. Governing Law
Patent protection in Mauritius is primarily governed by the Patents, Industrial Designs and Trademarks Act 2002.
Administered by the Industrial Property Office under the Ministry of Foreign Affairs, Regional Integration and International Trade.
2. Types of Patent Protection
Mauritius provides protection for:
Invention patents (standard patents)
Utility models are not recognized under Mauritian law (as of the latest update)
3. Patentability Requirements
To qualify for patent protection in Mauritius, an invention must:
Be new (novel)
Involve an inventive step (non-obvious)
Be industrially applicable
Non-patentable subject matter includes:
Discoveries, scientific theories, and mathematical methods
Schemes, rules, or methods for doing business
Diagnostic, therapeutic, and surgical methods for human or animal treatment
Inventions contrary to public order or morality
4. Filing Process
Patent applications must be filed at the Mauritius Industrial Property Office.
Requirements include:
Completed application form
Description of the invention
Claims
Abstract
Drawings (if applicable)
Power of Attorney (if using an agent)
Payment of the required fees
Mauritius does not conduct substantive examination but conducts a formal examination.
5. Duration and Renewal
A patent is granted for a maximum period of 20 years from the filing date.
To maintain the patent, annual maintenance fees must be paid starting from the third year.
6. Enforcement
Patent rights can be enforced in Mauritian courts.
Remedies include:
Injunctions to stop infringement
Damages
Destruction or disposal of infringing goods
7. International Treaties
Mauritius is a member of:
The World Intellectual Property Organization (WIPO)
The Paris Convention (for the protection of industrial property)
The Patent Cooperation Treaty (PCT) – allows international applicants to enter the national phase in Mauritius via the PCT route
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