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Mauritius Patents

Patent & Design Protection

Mauritius patents have a duration of 20 years from date of filing. Annual renewal fees are payable from the third anniversary of the filing date. Mauritius is a member of the Paris Convention (International treaty for the protection of Industrial Property). Mauritius patents have a requirement of absolute novelty. Designs have an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each.

Types of Patents:

  • Patents of Invention

Filing Requirements:

Non-PCT applications:

  • Power of Attorney, legalised by Apostille (required upon filing)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • Deed of assignment, legalised by Apostille (must be filed within 2 months of the date of filing)
  • Certified copy of priority document (if applicable) with verified English translation (must be filed within 2 months of the date of filing)
  • Copies of any search and examination reports for registrations served elsewhere (can be late filed)

Novelty: 

Absolute novelty required. 

Patentability:  

Methods of medical diagnosis, treatment or surgery are not patentable.

Examination:

Substantive examination.

Duration/Renewals:

The patent has a duration of 20 years from date of filing. Annual renewal fees are payable from the third anniversary of the filing date.

International and Regional Systems:

  • Paris Convention

Types of Designs:

  • Industrial Designs

Filing Requirements:

  • Simply signed Power of Attorney (must be filed within 2 months of the filing date)
  • Drawings, photographs or other graphic representations of the design of the design (required upon filing)
  • A statement indicating the kind of products for which the design is to be used
  • Certified copy of priority document (if applicable) with verified English translation (must be filed within 3 months of the filing date)
  • Deed of assignment (can be late filed)

Duration/Renewals:

The design has an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each.

International and Regional Systems:

  • Paris Convention

Paris Convention

Mauritius is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trade marks and industrial designs to name a few.

Africa | Intellectual Property

African Territories

Smit & Van Wyk provides a full range of IP legal services in all African countries where Intellectual Property protection is available. We can provide information on the filing requirements in each of the African countries and can also offer information on the various regional IP organisations such as ARIPO, OAPI and the Madrid protocol. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ IP needs in Africa.