Patents
What is the Federal Law governing Industrial Property in UAE?Under the UAE Industrial Property Law (Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights (“UAE Industrial Property Law”) and its implementing regulation – Resolution No. 6 of 2022),
What are the criteria for patent in the UAE?A patent is granted for inventions that are new or novel, inventive, useful, and in compliance with the Sharia laws. A patent granted under the Federal law of the United Arab Emirates provides protection in the seven emirates namely Abu Dhabi, Dubai, Sharjah, Fujairah, Ras-Al-khaimah, Umm-Al-Quwain and Ajman.
What is the term of protection for patents?The term of protection for patents is 20 years from the filing date or from the international filing date (in case of a PCT national phase application); the applicant is required to pay annual fees throughout the whole applicable duration of protection.
Where are patent applications filed in UAE?The International Centre for Patent Registration (ICPR) under Ministry of Economy is the competent authority to register patents and utility models in the UAE.
What is the process of filing patent application in the UAE and the requirements?The UAE Industrial Property Law allows inventors and applicants to file a patent application within 12 months of the first disclosure. As a grace period of 12 months is provided, an application submitted within this grace period will still meet the novelty criteria. For example, if an inventor’s own publication is cited as prior art in the examination of a priority filing, it will have no effect on the novelty requirement for the corresponding UAE patent application provided the publication occurred within 12 months of filing the priority application. Patent applicants can re-quest the UAE Patent Office to accelerate examination for “urgent applications”; however, the procedures and timelines are currently unclear as they are under development.
Patent applications once filed are first examined as to formalities by the UAE patent office. Once an application is accepted as to formalities, the UAE patent office directs the applicant to the pay the substantive examination fees. The prosecution of patents applications is conducted in both English and Arabic languages, and therefore claim amendments and responses to office actions must be prepared and filed in both English and Arabic. However, it is important to note that the UAE authorities (including courts) officially recognize only the Arabic version of the patent application (and subsequently granted patent). After substantive examination, accepted applications are published in the UAE Official Gazette. The opposition period is 60 days from the publication date. Patent applications are granted upon payment of the grant fees at the expiration of the 60 days opposition period. The UAE Patent Office issues an electronic registration certificate evidencing grant of the patent. It is important to note that the Arabic version of the patent (as originally filed and amended during prosecution) is the only official version recognized and enforceable in front of the UAE courts.
What is considered non- patentable subject matter in the UAE?The UAE Industrial Property Law sets out exclusions from patentability (and registration of utility models) which include:
Research on plant and animal species, and biological methods for production of animals and plants, excluding microbiological methods and their products resulting from such processes.
Diagnostic methods, therapeutic and surgical operations needed for humans and animals.
Scientific and mathematical principles, discoveries and methods.
Guidelines, rules or methods followed to conduct business, perform mental activities or play games; · Natural materials from the environment (those substances that are purified or isolated from the natural environment); and
Inventions that may lead to violation of public order or morals, or harmful to the health and life of humans and the environment.
Is it mandatory to conduct a patent search before proceeding with filing a patent application? No, it is not mandatory to conduct a search, however the same is highly recommended.
Is it possible to register a patent in the name of an individual or a corporate entity and if so, what specific documents are needed? Patent applications can be filed in the name of an individual or a corporate entity. The documents required are notarised power of attorney, notarised deed of assignment and notarised certificate of incorporation.
Patent applications can be filed in the name of an individual or a corporate entity. The documents required are notarised power of attorney, notarised deed of assignment and notarised certificate of incorporation.
How are industrial designs registered in the UAE?Industrial design mainly protects the shape or ornamental feature of the product. It can consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or color. Absolute novelty is one of the main criteria’s for registration of an industrial design.
How long is protection afforded for industrial designs in the UAE?Protection is provided for 20 years (subject to payment of annuities) from the date of filing the application. Protection provides the right to prevent third parties from using the Industrial Design for manufacturing, selling, offering for sale or importing a related product or its use or sale.
When can a utility model certificate be granted in the UAE?A utility model certificate can be granted for any invention that is industrially applicable and novel but does not involve an innovative step that qualifies for a patent. The UAE Industrial Property Law allows a utility model application to be converted to into a patent application and vice versa, within the scope of the original application, while the application is being examined by the UAE Ministry. The original application will be considered as withdrawn at the time of transfer.
