Patent and Registration in the United Arab Emirates
Introduction
Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights defines an invention as a creative idea that the inventor arrives at in any of the technical fields, relating to a product, a manufacturing method, or both, which practically results in providing a new addition or solving a specific problem in any of these fields.
The law further defines a patent as the protection document granted by the ministry for an invention. By its nature, a patent encompasses innovative ideas devised by the inventor, resulting in new solutions for any economic, technological, or industrial problem. A patent is considered an exclusive right granted in exchange for an invention, provided it is effective, a new product, or a novel process enabling new ways to accomplish a task. The UAE strongly supports and fosters talented and creative individuals with patents by establishing institutions and organizations that nurture diverse talents and intellectual pioneers, assisting them in patent registration.
What are the Conditions for Granting a Patent in the UAE?
According to the provisions of Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights, the conditions for granting a patent are as follows:
- A patent is granted for each new invention that results from an innovative idea or an inventive improvement representing a creative step and is capable of industrial application.
- The patent is granted independently for any new application, modification, improvement, or addition to a previously patented invention, provided it meets the conditions stipulated in this law.
- An invention is considered new if it has not been publicly disclosed in any prior industrial technology in writing, orally, by usage, or through any other means before the date of filing the patent application or the legally claimed priority date.
- Disclosure of information by the inventor or a third party who obtained the information directly or indirectly from the inventor does not affect the patent's eligibility if it occurs within twelve (12) months before the filing date.
- An invention involves a creative step if it is not considered obvious to an ordinary skilled person in view of the prior art.
- An invention is capable of industrial application if it can be produced or used in any sector.
What Rights are Acquired from a Patent or Utility Certificate?
What benefits do we gain from obtaining a patent or utility certificate? A patent or utility certificate grants its owner the following rights:
Right to Exploit the Invention: If the subject of the patent or utility certificate is a product, the patent holder has the exclusive right to manufacture, use, offer for sale, sell, or import the product for these purposes. The patent holder also has the right to prevent others, without their consent, from manufacturing, using, offering for sale, selling, or importing the product for these purposes.
- If the invention is an industrial process or method of manufacturing a particular product, the patent holder has similar rights regarding what directly results from using the process or method, including the right to use the method and to prevent unauthorized actual use of the process, the use of the product directly obtained by the process, or its offer for sale, sale, or importation for these purposes.
The Importance of Obtaining a Patent in the UAE
Patents are a form of intellectual property protection that aims to encourage innovation and creativity by providing legal protection to inventors and innovators. Patents contribute to enhancing the national economy by:
Encouraging Innovation: Patents incentivize inventors to develop new ideas.
Protecting Rights:
They provide a legal means for the inventor to protect their work from unlawful exploitation.
Attracting Investments: A patent is often an indicator of the commercial value of an idea, which may attract investors.
Steps to Register a Patent in the United Arab Emirates
The steps to register a patent in the UAE can be summarized as follows:
1. Determine Patent Type: The inventor should determine whether their invention qualifies for a patent based on criteria of novelty, industrial applicability, and inventiveness.
2. Conduct Prior Search: A preliminary patent search is advisable to confirm the invention is new and has not been previously registered.
3. Prepare the Application: Patent registration requires comprehensive documentation, including an accurate description of the invention, technical drawings (if applicable), and inventor details.
4. Submit the Application: Applications can be submitted to the UAE Ministry of Economy, typically online through the ministry's platform.
5. Application Review: The ministry will examine and evaluate the application based on applicable standards. Additional information or amendments may be requested.
6. Application Publication: Upon preliminary approval, the application is published in the official gazette for public review.
7. Granting the Patent: If all conditions are met, the patent is granted and registered, providing the inventor with exclusive rights.
Patent and Utility Certificate Term in UAE Law
According to UAE law, the patent term is twenty years, and the utility certificate term is ten years, each starting from the application date. The patent or utility certificate applicant or holder must pay the annual fees required for the entire protection period.
What Works are Ineligible for Patents Under UAE Law?
Article 7 of Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights specifies works ineligible for patent protection, which include:
- Research and types of plant or animal species or biological methods for the production of plants or animals, except for microbiological processes and their products.
- Methods of diagnosis, treatment, and surgery necessary for treating humans or animals.
- Scientific principles, discoveries, theories, and mathematical methods.
- Schemes, rules, or methods for conducting business activities, performing purely mental activities, or playing games.
- Inventions whose publication or exploitation would disrupt public order, morals, or harm human health, life, or the environment.
In Conclusion, registering a patent in the UAE is a vital step for inventors and innovators to protect their ideas and achieve success in the business world. The UAE's advanced legal system encourages innovation by providing a favorable environment for inventors, contributing to economic growth and sustainable development. We highly recommend consulting ILS Consultancy to benefit from our intellectual property protection services and patent registration in Dubai. Our team of expert consultants specializes in protecting and registering patents and intellectual property. Our legal team is ready to assist inventors from the first step through to patent issuance, ensuring your invention is legally protected and cannot be exploited or used by anyone without the inventor's permission.
Email: info@ilsconsultancy.ae
+971555611565
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