Mayotte Patent Law
The Intellectual Property Code (consolidated version as of November 15, 2019).
To obtain the date of filing, it is necessary to submit in Mayotte:
- request to grant a patent;
- information about the applicant;
- description and one or more claims, even if they do not comply with the formal requirements;
- priority claim (if any).
- Power of Attorney (POA)
- A copy of the Priority Document should be filed within 16 months from the priority date.
- Assignment, if the applicant is not the inventor or the sole inventor, it is necessary to file a document designating the inventor/s with their full names and addresses.
The official language of the proceedings before the National Institute of Industrial Property is French. Applications may be filed in any language; however, the translation into French should be submitted within two (2) months of the filing date.
Mayotte Patent Registration Procedure
Patent application are filed at the National Institute of Industrial Property.
Applications are subject to formal examination only. However, conducting a search (in case no priority is claimed) or submitting a search report is mandatory. Search should be requested either on filing or within one (1) month from the filing date.
* Novelty grace period
Disclosure of an invention will be disregarded if it occurred within six months before the priority date and as a result of:
- the disclosure made by the applicant or applicant’s legal predecessor at an official or officially recognized exhibition (provided that the corresponding substantiating is filed);
- an evident abuse in relation to the applicant or applicant’s legal predecessor.
Patent application are published in the official gazette.
Patent applications in Mayotte are subject to the payment of the grant fee.
If the prosecution process goes smoothly, it takes an average of 2-3 years to get a patent granted.
Validity term of a patent is twenty (20) years from the filing date.
Annual maintenance fees apply to both pending applications and granted patents. The first annuity is included in the filing fee. Annuities become due on the last day of the month of filing and may not be paid more than one year before the due date. Late payment is possible within six months after the due date, a corresponding surcharge applies.
The term for filing a patent application in Mayotte claiming conventional priority is 12 months from the priority date. Restoration is possible if the applicant has a legitimate reason for missing the above term and files a request for restoration within two months
In Mayotte, it is possible to obtain a utility certificate, which has a non-extendable validity term of 6 years. Filing requirements are the same as for patents, but no search is conducted. Utility certificate applications are subject to formal examination only. It is possible to protect products, methods or devices with utility certificates. Annuities are payable in the same manner as for patents. An invention protected by the utility certificate must be new, industrially applicable, and involve an inventive step.
It is not possible to enter the PCT national phase in Mayotte, only a European patent may be obtained on the basis of a PCT application.
Mayotte Trademark Law
Legal basis is the Industrial Property Law of January 4, 1991 (No. 91-7) regarding trademarks and service marks, last amended on December 11, 2019, and the Laws of October 29, 2007 (No. 2007-1544) and March 11, 2014 (No. 2014-315) against counterfeiting, both consolidated in the Intellectual Property Code.
Mayotte is a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration (except famous trademarks).
With Mayotte being a member of the Paris Convention for the protection of industrial property, pursuant to Article 4, priority right can be claimed.
Nice classification, 11th edition. Multiple-class applications are possible.
A power of attorney simply signed.
Mayotte Trademark Registration Procedure
The application is filed at the National Institute of Industrial Property (INPI).
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired through a longstanding use at the date of filing.
Trademarks are published twice in the official Gazette: The application is first published for third-parties opposition purposes. After registration, the trademark is also published
National Opposition Period
The opposition period is 2 months after publication of the trademark application.
The processing time from first filing to registration or first office action is approx. 5 to 7 months.
A trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 10 years. The renewal period is 12 months before the expiry date.