Law Art. No. 43
If the formal requirements to be fulfilled by a patent application are met, the Office establishes a preliminary search report, together with an opinion on the patentability of said application, based on the claims and taking into account the description and drawings, if any, in order to determine whether the invention meets the requirements of patentability. The report is then communicated to the applicant or agent, who has a period of three months from the date of communication to respond, if necessary (refer to paragraph MA.10).
Law Art. No. 44
Any patent application that has not been rejected or withdrawn is published in the publication server of the Office.
Law Art. No. 14.3
Within two months from the publication date of said patent application, third party observations may be submitted to the Office. These observations may bear on the criteria required for the patent to be valid. The Office communicates these without delay to the applicant or agent, who has a period of two months to respond, if necessary.
Law Art. No. 43.2
A final search report is established on the basis of the preliminary search report and taking into account, where applicable, the final set of claims filed (refer to paragraph MA.10 below), any observations filed by the applicant in support of the remaining claims and any third party observations.
Law Art. No. 41
Where there are no reasons for rejection under Article 41 in respect of all or some of the claims, the patent is granted for the claims in full or in part and is published under the category B1 in the publication server of the Office: http://www.patent.ompic.ma/. If this is not the case, a substantiated partial or total rejection of the patent application is issued in respect of the claims containing one of the reasons for rejection under Article 41, and the applicant or agent is informed of the rejection decision.
Law Art. No. 14.2
Within two months from the date of communication of a rejection decision taken by the Office, the applicant or agent may submit observations against this decision (Form ODR, refer to Annex MA.IV) if they have arguments that might change the examiner’s opinion. If the observations submitted are of such a nature as to change the rejection decision, a new decision is established in the light of said observations.