A patent is an intellectual property that confers exclusive rights over a product/process to its inventor. It debars others from making, using, or selling the invention without permission from the patent holder. Each country has its own set of rules and regulations for filing and grant of patents. This guide elaborates on the patent registration process for the UAE.
To be eligible for a patent, the invention must be:
Per article 6(1) of the Patent Law, a patent cannot be registered if it is one of the following:
In the UAE, the Ministry of Economy (MOE) handles all patent-related applications. A sub-department called MoE Development of Innovation in the Economy and Patents Department (DIEPD) accepts all patent documents. It must be noted that all documents need to be submitted in both English and Arabic.
The documents required vary for Natural persons residing in the UAE, Natural Persons not residing in the UAE, and Legal persons residing in the UAE.
(Source: https://www.moec.gov.ae/en/apply-for-patent)
Once submitted, the documents are sent for review and examination. It may take up to 2 years for this stage to be completed.
The process of filing for a patent in the UAE entails several detailed steps which are mandatory to follow to successfully obtain a patent. Each step is accompanied by a mandated fee and documents.
A patent application is to be submitted to the MoE. A fee of AED 1000 is charged for individuals and AED 2000 for companies when submitting a new application.
All mentioned documents (application form and above-mentioned documents) are submitted to the MoE for examination.
If all documents and application forms are found valid, the next stage is the examination process. The patent office issues a notice informing the applicant of the same. A first examination fee of AED 7000 for both companies and individuals is required to be paid for the commencement of the examination. The priority claim is also studied in this step and the applicant is offered two to three chances to apply the necessary recommendations.
Once the examination stage is cleared, the patent may either be accepted or rejected.
If the patent is accepted, then the decision is required to be published in the official gazette of the UAE. This is done by the MoE free of cost. Thereafter a waiting period of 60 days from the date of publication is observed for any objections to the patent. If there are no objections then the patent is successfully sanctioned and the applicant will receive a certificate of registration from the MoE. Once granted, the life of the patent is 20 years and any cases pertaining to it are challengeable at the UAE judicial courts.
It is also common for patents to be rejected if they do not meet the legal requirements as mentioned in the preceding paragraphs, or due to non-compliance with filing formalities. In the case of rejection, the applicant may request a re-examination within 60 days. A re-examination fee will be applicable in such cases.
Patents issued by the MoE are valid for 20 years from the date of issue and cannot be renewed. However, a renewal fee is applicable each year to prevent the patent from lapsing. If the patent is not used by the holder for a period of three years, then the licensing rights must be given to any interested party.
Once a patent is granted in the UAE, the patentee is conferred exclusive rights over the invented technology. They have the legal power to prevent others from selling, manufacturing, or using the product without their permission. Additionally, the legal heirs of the patent holder are eligible to obtain an additional patent for improvement or addition to the invention.
The patent regime of the UAE may be complex but one can successfully claim a patent by carefully adhering to the rules and regulations listed by the MoE.
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