Patents, Trademarks & Designs

Mauritius Patents

Patent Registration in Mauritius

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

Novelty: 

Absolute novelty required. 

Patentability:  

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

Examination:

Substantive examination.

Patent 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.

    Patent 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)

    International and Regional Systems

    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, trademarks 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, trademarks and industrial designs to name a few.

    Design Patents

    Types of Designs:

    • Industrial Designs

    Design 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)

    Design 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.

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    Smit & Van Wyk provides a full range of Intellectual Property legal services in all African countries where 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’ needs for trademarks, designs and patents in Africa.