Patents of Invention

– The Industrial Property Act 2019, in force since January 31, 2022.
– The Industrial Property Regulations 2022, in force since January 31, 2022.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 12, 1968.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 24, 1976.
– Convention Establishing the World Intellectual Property Organization (WIPO), since September 21, 1976.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Patent Cooperation Treaty (PCT), since March 15, 2023.

Note: Mauritius became a member of the African Intellectual Property Organization (ARIPO) on September 25, 2020, when it deposited its instrument of accession to the agreement that established ARIPO, the Lusaka Agreement of December 9, 1976. It has, however, not yet signed the underlying agreements, the Harare Protocol and the Banjul Protocol, which means that its membership at this stage has no practical significance.

Filing and Protection

Applicant: the inventor or his assignee whether an individual, firm or company.

Applicants not living in the country: where an applicant’s ordinary residence or principal place of business is outside Mauritius, he shall be represented by a legal practitioner resident and practicing in Mauritius.

Types of patents: independent national patents and utility models.

Patentability: the following are excluded from patent protection: (a) discoveries, scientific theories and mathematical methods; (b) literary, dramatic, musical or artistic works and any other aesthetic creation; (c) schemes, rules or methods for doing business, performing purely mental acts and playing games; (d) computer programs; (e) methods for the treatment of the human or animal body by surgery or therapy, including diagnostic methods practised on the human or animal body; (f) known substances for which a new use has been discovered and not applicable to the use itself, where they constitute a patentable invention under section 11 of the Act; (g) plants and animals, including their parts, other than microorganisms, and essentially biological processes for the production of plants or animals and their parts, other than non-biological and microbiological processes; and (h) an invention, the primary or intended use of which would be contrary to public order or morality, whether or not the commercial exploitation of the invention is prohibited by law.

Novelty: absolute novelty is required. Disclosure to the public of the invention shall not be taken into consideration where (a) it occurred within twelve months preceding the filing date or, where applicable, the priority date of the application; and (b) it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

Convention priority: priority may be claimed under the Paris Convention.

Conversion of application: the applicant has the right to convert the application for a patent into an application for a utility model and vice versa, at any time before grant or refusal.

Opposition: the application is published and any interested person may file an opposition within eighteen months from the filing date.

Examination: the application is examined as to form and patentability (substantive examination). If satisfied, the Controller will grant the patent and the grant is published.

Delivery of document: the patent certificate is issued in paper format.

Duration: twenty years from the filing date for patents; six years from the filing date for utility models, may be renewed for two further consecutive periods of two years.

Annuities: payable annually following the year of filing. 

Working: a patent which has not been worked for a period of three years from the grant of the patent or four years from the filing date, whichever period expires last, may be vulnerable to compulsory license.

Invalidation: any interested person may apply to the Tribunal for the invalidation of a registered patent.

Compulsory licenses: provided for in cases of anti-competitive exploitation of a patent by the owner, or the public interest. Additionally compulsory licenses may be issued in cases of non-use (see “Working”, above).

Assignment: assignments may be registered.

Territory covered: Republic of Mauritius.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed;
2. Text and drawings;
3. Declaration of priority;
4. Priority document;
5. Assignment of invention.

For a change of name: certificate of change of name, with a verified English translation.
For a change of address: no document is required.