Frequently Asked Questions

The term “intellectual property” refers to creations of the mind, such as inventions; literary and artistic works, and symbols, names and images used in commerce.

Intellectual property is protected in law by, for example, patents, trademarks, and industrial designs which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the intellectual property system aims to foster an environment in which creativity and innovation can flourish.

There are two kinds of intellectual property:

• Industrial property, which includes inventions, trademarks, and industrial designs.
• Copyright, which applies to literary works (such as novels, poems and plays), films, music, artistic works (such as drawings, paintings, photographs and sculptures) and architectural works.

*As defined by the World Intellectual Property Organization

The patent protects a technical invention, in other words a product or process that brings a new technical solution to a given technical problem.

What form of protection does a patent provide?

An invention that is protected by a patent may not be commercially made, used, distributed or sold without the patent holder’s consent.

What are the patent holder’s rights?

The patent holder has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. The holder may grant other individuals or organisations a license to use the invention under certain agreed terms and conditions. He may also sell his rights to the invention to a third party, who then becomes the patent holder. When the patent expires, the protection ends and the invention enters the public domain, i.e. the holder loses their exclusive rights to the invention, and anyone can commercially exploit the invention without infringing the patent.

In legal terms, a trademark is a ‘sign’ that enables any natural or legal person to distinguish its products or services from those of its competitors.

In legal terms, an industrial design is the ornamental or aesthetic aspect of an object. It can be three-dimensional - the shape or surface of the object - or two-dimensional, for example an assembly of lines or colours.

An invention is new if it does not form part of the state of the art on the date the relevant patent application is filed or priority acknowledged. The state of the art consists of everything made available to the public by means of a written or oral description, by use, or in any other way, anywhere in the world.

The Industrial Property Division does not have the power to determine whether an invention is new, and so you will need to carry out what is known as a prior art search. You can do this by checking patent databases such as Patentscope or Espacenet. The service is free of charge.

When filing a patent application with the Industrial Property Division, you can, however, ask for a preliminary search report (carried out by the European Patent Office).

Yes. You can file your own application, but it is often a good idea to seek the assistance of an industrial property specialist, as drafting a patent requires both legal and technical knowledge. A poorly drafted application may provide you with insufficient protection, delay the application procedure, or be rejected. 

Yes. Anyone can apply for a patent in Monaco, by following the formal procedure required by law (specifically Article 5 of Act No. 606 of 20 June 1955 on patents).

No. The SPC is designed to alleviate the relatively long period of clinical trials needed to secure marketing authorisation for a new medicine, by extending the legal protection provided by the patent. There is no provision for SPCs in domestic law, which does not currently allow for medicines to be patented (Article 3(1) of Act No. 606 of 20 June 1955 on patents).

The cost of a patent in Monaco includes the filing tax and renewal or maintenance fees (annuities). A patent can be renewed for up to 20 years. If you ask for a search report, there will also be a charge for the service.  For more details, refer to the online fee schedule.

No. Filing by post, email, or fax is not permitted. You must deliver your application directly to the Industrial Property Division in person.

The International Patent Classification (IPC) is a hierarchical system used to classify patent applications according to different technological fields. It makes it easier to search global databases, by grouping together similar inventions.

No. Article 11 of Act No. 606 of 20 June 1955 on patents states that patents are issued “with no prior examination, at the applicant’s own risks and perils, and with no guarantee either as to  the reality, novelty, or merit of the invention, or to the accuracy or faithfulness of the description.” The Industrial Property Division checks only to ensure that the application itself is in order.

You need to state that you require a search report in the filing application form and pay the associated fee to the Industrial Property Division.

The “reduced rate” is only for research centres, natural persons, and small and medium-sized businesses employing fewer than 250 people and with annual sales revenue of 50 million euros or less. Applicants must be resident or have their principal place of business in Monaco (Article 7 of Sovereign Ordinance No. 6,722 of 26 December 2017, amended).

No. There is no automatic protection in Monaco. 
However, you can secure protection for a French patent in Monaco by filing an application with the Industrial Property Division claiming priority within 12 months of the first filing.
 

No. Once the application has been filed with the Industrial Property Division, no substantive changes can be made to the patent's subject matter. The only changes that can be made concern the application’s form, not its content. You can, for example, correct material errors, although any changes must be approved by the Industrial Property Division.

Straight away. 
Keep in mind, however, that by using (‘exploiting’) the patent, you will be revealing it to the general public. 
Given this, and the fact that in Monaco it takes at least six months for a patent to appear in the Official Bulletin of Industrial Property (BOPI), it may be advisable to keep your invention secret during that time. This will help ensure you preserve your technological advantage over rivals, and are able to sign non-disclosure agreements preventing anyone from discussing your invention with third parties.

Yes. Protection is limited to the Principality of Monaco for a period of 20 years, provided annual renewal fees (annuities) are paid.

Anyone can become a patent agent. 
You will need to submit a patent agent application form, and a properly completed and signed power of attorney, along with the registration fee. The application form can be dropped in the box provided in the reception area of the Industrial Property Division, or sent by post.

No. You will need to remember to pay the annuity to the Industrial Property Division every year. Each annual fee cannot be paid more than a year before its due date.
To find out the due date and the amount you need to pay, refer to the patents register or pay directly via the website.

Let the Industrial Property Division know by completing and submitting an update registration form, downloadable from the website.
The update must concern a patent that has been granted and published. It is also possible to update information on a European patent that has been granted and which designates Monaco.

You can protect your invention in other countries by claiming priority for a Monegasque patent (within one year of filing) and opting for one of the following three extensions:
National extension, by filing a patent application directly with the intellectual property office in the country concerned.
European extension, by filing a European patent application with a receiving office or the European Patent Office (EPO).
International extension (PCT system), by filing an international patent application with a receiving office or the World Intellectual Property Organization (WIPO) for your selected countries. You do not need to hold a Monegasque patent application or a full patent to choose this route (direct PCT route).

Yes, you can designate Monaco via the international PCT route. However, should you do so, it will be assumed that you intend to obtain a European patent (Article 7 of Ordinance No. 10,427 of 9 January 1992 on the European patent).

No. Anyone can file an application for registration or renewal in person, at the Industrial Property Division’s reception desk. Alternatively, Monegasque nationals or residents or companies with their principal place of business in the Principality can file their application online at mcipo.gouv.mc (e-filing).

No. Holders of registered trademarks are not informed when the period of legal protection comes to an end. You should therefore take care to renew it within ten years of the filing date, before the protection period expires. After the ten years have expired, you will have a further six-month grace period in which to renew, but you will have to pay an additional charge equal to half of the usual renewal fee.

No. Any application to register a trademark on behalf of a legal entity not yet registered in the Trade & Industry Register will be declared inadmissible.

Yes. You can file an international registration application for a trademark at the same time as you file the national application. However, if the national application is rejected or deemed inadmissible, the Industrial Property Division will inform WIPO, which will then cancel the international registration. In the Principality of Monaco, registration is not officially confirmed until a minimum of one month and one day after filing, and so it is recommended to wait for your trademark to be registered nationally before then applying for an international extension.

Yes. You can designate goods or services that are not related to your business at the time of filing, but which could potentially be in the future. This allows you to anticipate a future change in your activity and avoid having to pay the costs of filing a new application.

The registration authority will make a decision a minimum of one month and one day, and a maximum of three months after the filing date.

Yes. However, if the sectors are similar to the point that it may create confusion in the minds of consumers, the holder of the earlier trademark may rely on this to support their case if the matter goes to court. You should therefore choose a mark that does not reproduce or imitate an existing mark for goods or services that are identical or similar to yours.

The three types of marks are explained here.

An individual mark is intended to distinguish the goods or services of a particular business (single commercial source) from those of its competitors.
A collective mark is intended to distinguish the goods or services of those permitted to use it under its rules of use.
Applications to register collective marks must therefore include rules of use governing how the mark is utilised.
Only certain organisations are allowed to hold collective marks. These include the State, the Commune, public institutions, trade unions, associations or groupings of manufacturers, industrial operators, or retailers, serving a public, industrial, commercial, or economic interest, or promoting the development of their members’ business or industry.
To retain control over their use, collective marks are non-transferable.

No. You are legally responsible for making sure your future trademark is not already taken by someone else. The Office accepts no responsibility. If you fail to carry out a prior art search before filing a trademark application, there is a risk that prior rights holders may take action against you for trademark infringement or unfair competition.  Prior art may include a pre-existing registered or well known (unregistered) trademark, a trading name, brand name, domain name, patronymic, geographical name, or the name of an association. Carrying out these searches and analysing the results can be a complex task, and so it is strongly recommended to enlist the services of an industrial property specialist to guide you through the process.

No. A trademark cannot be changed after the registration application is filed. If your trademark changes, you will need to register the new form in order to protect it.

Yes. But an unregistered trademark does not enjoy the same legal protections, meaning that it will not be officially published and you will be unable to take legal action for infringement against third parties who reproduce or imitate it. Nor will you be able to extend its protection with partner organisations such as WIPO or EUIPO.

The cost of filing a trademark varies according to the number of classes claimed.
To find out how much trademark registration formalities cost, refer to the section: Fees.

A class is a list of goods or services in a particular category or area of economic activity. Goods and services are arranged into 45 classes under what is known as the Nice Classification.

Yes. You can give a general or special power of attorney to an industrial property advisor in the Principality of Monaco (list of intellectual property attorneys), who will use their legal expertise to prepare and file the application for you.

After filing an application in one country (the “priority application”), an applicant then has the right to claim priority and file an identical application for the same trademark in another country for a period of six months.
If someone else attempts to file a conflicting trademark in that second country during that six-month period (the “intervening application”), some of the effects of the original applicant’s second application are effectively backdated to the date of their first filing. In the event of a dispute, this allows them to assert that the trademark is available and claim priority.
 

Yes. In this case, the mark must be reproduced in colour. If it includes one or more colours, the name of the colour used should be given. If the mark only features one colour or combination of colours (known as a “colour mark”), both the colour’s name and international code (shade) should be indicated.

You can protect your trademark in other countries by claiming priority for a Monegasque application (within six months of filing) and opting for one of the following two methods:

National route, by filing a trademark application directly with the relevant office in the country concerned (some national offices offer an online filing service). In some cases, it is mandatory to be represented by an accredited IP agent.

International route (Madrid System), by filing an international trademark application based on a Monegasque trademark with the World Intellectual Property Organization (WIPO) - via the Monegasque Industrial Property Division acting as the Office of Origin. You will need to show a connection with the territory of the Principality of Monaco (nationality or residence for natural persons, effective and earnest place of business for legal entities).

This is a notice sent by registered post to the applicant or their representative by the examining authority, informing them of material irregularities with the application (incorrect documents provided, unclear indication of goods and services) or the actual trademark itself (lack of distinctiveness, deceptively misdescriptive, scandalous or immoral content, banned under an international treaty ratified by the Principality of Monaco).

From the date you receive a notice of irregularity by registered post, you have a period of eight days in which to submit proposals to correct errors in your application, or 15 days in which to submit your observations on irregularities raised with the trademark itself. In either case, your response must be sent by post or email. 
If you fail to respond by the appropriate deadline, your application will be deemed inadmissible owing to procedural irregularities or rejected outright. You can ask for a refund of half of any fees paid to the Industrial Property Division, but the other half will be retained by the Public Treasury.

A drawing consists of two-dimensional elements. It is characterised, for example, by its patterns, lines or colour.

A model consists of three-dimensional elements. It is characterised, for example, by its shape.

The Locarno Classification is an international system administered by the World Intellectual Property Organization (WIPO).  It consists of 32 classes of goods which constitute industrial designs. When you file an application to protect a design, you will need to indicate the Locarno class of the product concerned. It may also be useful for carrying out prior art searches.

DesignView (provided by EUIPO) and the Global Design Database (provided by WIPO) are two essential resources for searching for industrial designs that have already been filed or registered.
 

It is highly recommended to file an application to register an industrial design before going public, to avoid comprising its novel nature.

To be admissible, an application must be filed in person at the reception desk of the Industrial Property Division, and must contain the following documents: 

• Two originals of the application form completed and signed by the applicant;
• Between one and 50 industrial designs in the same Locarno class, each reproduced on one side of a non-watermarked A4 sheet of paper, with the title, order number, filing date, and applicant’s signature on the reverse side; 
• Payment for the filing fee (flat rate tax) and protection fee (based on the number of designs and the length of the protection period); 
• A general or special power of attorney, if the applicant is represented by an agent. 

You can secure protection for your design in other countries by claiming priority for a Monegasque application (within six months of filing) and opting for one of the following two methods:
National, by filing an application to register an industrial design directly with the intellectual property office in the country concerned.
International (the Hague system), by filing an application to register an industrial design internationally directly with the World Intellectual Property Organization (WIPO)  (for up to 100 designs) for your selected countries. You do not need to have an industrial design registered in Monaco to do this.

The registration authority will make a decision a minimum of one month and one day, and a maximum of three months after the filing date.

The cost of filing an application to register an industrial design varies depending on the number of designs to be protected and how long the protection lasts.
To find out how much design registration formalities cost, refer to the section: Fees.
 

The initial protection period is ten years, starting from the filing date if the design was not previously made public. Otherwise, the ten-year period commences on the date of prior disclosure declared when the application was filed. You can renew the protection for subsequent periods of 10, 20, 30, or 40 years. The maximum duration of the protection is 50 years.

When you register your design, provided it is original, it will be published in the Official Bulletin of Industrial Property (BOPI) and you will gain a visible monopoly to use it and prevent other parties from using it. Registering your design will also enable you to claim “paternity rights” and copyright to your creation.

You can request a renewal either when you file the application to register your design, or at any time until the initial protection period expires and for a six-month grace period thereafter. Your request to extend the protection should be written on a separate sheet of paper and sent to the Industrial Property Division. It should clearly state the reference of the design and must be accompanied by payment of the renewal fee.

A reproduction takes the form of a view (image) of the design shown from a specific direction (angle), in a specific state or at a specific moment (e.g. perspective, front, back, top, bottom, left, right, unfolded, exploded, cross-sectional, enlarged). It serves to define the scope of protection to be granted for the design.

The reproduction should show the design independently, clearly, and in detail. The background should be neutral and include nothing that is not part of the design itself (such as text, numbers, or symbols). Visual disclaimers may be used.
If multiple views are represented, they must be of the same design and be laid out in a coherent manner.
For more information, refer to common practice CP6 on the graphic representation of industrial designs.

A specimen is a copy of the object itself. It may not exceed 50 cm in size. The filing fee is €100, and the object must be submitted in a wooden or metal box bearing a label with the same information as that provided for the reproduction of the design concerned.

Yes, if when registering your design, you only want to protect the lines, contours or shapes. This will not apply if your design is novel in terms of its colour or colours, specific combination of colours, or the choice of textures and/or materials.

No. The Industrial Property Division is not legally required to review these criteria, although they still dictate whether your design can actually be protected. Before filing your application, you should therefore ensure that your creation is new and original, keeping in mind that prior creations that could prevent you from securing protection for your design may have been registered at any time and in any territory. If you fail to do so, you run the risk of a third party bringing legal action against you once your application has been published in the Official Bulletin of Industrial Property. To help you check whether your design is new and original, EUIPO and WIPO both provide free search engines.

Patents and industrial designs are two kinds of industrial property rights that differ mainly in the type of protection they offer. 
A patent aims to protect the technical aspect of a creation that provides a technical solution to a given technical problem, whereas laws on industrial designs aim to protect the aesthetic or ornamental aspect of a creation.
Given these differences, it is possible to secure both types of protection (patent and industrial design) for your creation if it combines both technical and aesthetic aspects. 

IMPORTANT: if the aesthetic aspect of your creation has a purely technical purpose or function, you will only be able to obtain a patent.

If your design is not registered, you will not have exclusive rights and will be unable to prevent third parties from using it without your consent. If you suffer a financial loss as a result, you will not be able to sue for compensation on the basis of the legal rules on industrial designs. You may, in certain circumstances, be able to have third parties prosecuted for offences such as unfair competition or “reputation parasitism”, provided you can show that their actions directly caused your loss.
In the Principality of Monaco, however, if your industrial design is an original creation protected by artistic or literary copyright, you can take action against third parties who reproduce or represent it without your consent.