There is nothing more interesting than inventing something new in life sciences. But without protection, others can walk through the gate and copy or use the idea without permission. Patents are, therefore, what protect your inventions, but it is tricky for many researchers and companies. They go through a lot of legal procedures, complex paperwork, and lengthy approval procedures.
However, a patent guarantees the rights and freedoms to an inventor over an invention to facilitate profit-making from their innovation. This article explores how patents work in life sciences, including key requirements, the application process, and other important legal considerations.
JIP, Jitendra Intellectual Property, helps you protect your inventions and get obtain patent protection in UAE by helping you throughout the process.
What is a Patent in Life Sciences in UAE?
A patent is a legal right that gives inventors an upper hand over their innovations for a given period. Usually, it lasts for 20 years in the life sciences subject to payment of the annual fees . These patents mainly encompass new medicines, medical devices, biotechnology methods, and other health-related discoveries as well as engineering discovers. Holding a patent bars others from making, selling, and using an invention without authorization.
Patents are essential in life sciences because research and development are expensive. If there is no protection, the companies will lose their profits, and they might not invest in new treatments.
Conditions for Life Sciences Patent Protection in UAE
Not all inventions are eligible for a patent. To be granted a patent, an invention should have three important conditions:
- Novelty– The idea must be new and not previously disclosed.
- Non-obviousness – It should be Innovative idea or innovative improvement.
- Industrial Application– The invention must be industrially applicable.
Some innovations are not patented. These involve;
- Math formulas and laws in nature
- Manner of treating the human bodies or animals
- Medical practice and diagnosis methods
- Business models and mental enterprises
- Inventions that contravene the norms of decency of the public
- Biological means for raising plants and animals except Microbiology methods and its products.
The Patent Application Process in UAE
- Do a Patent Search
Check if the invention is already patented before making an application. Time and money are not thrown into an application that may eventually be rejected.
- Documents to Be Prepared
The following are documents to be prepared for a patent application:
* Background – pervious technical matters related to the current invention
- Description– A detailed description of how the invention works
- Claims– Legal statements of the scope of protection
- Drawings– Only if necessary to depict the invention
- Abstract– A summary of the innovation
Beyond this, there may be other documents requested by the authorities, depending on the applicant’s location and status. These may include a power of attorney and business registration.
3. Submission
The application should be filed to the National Patent office-the UAE’s Ministry of Economy. One should have paid fees here as well. This must be in both Arabic and English languages in case one is not filed it should be provided within the time limit mentioned in the regulations.
- Examination
Patent examiners scrutinize the application to fit in legally. This calls for the response of applicants in case any objections arise and amendments are needed.
- Patent Grant or Rejection
After approval, the patent is registered into the record, and a certificate is issued. The details of the patent are copied and published for other people to file an opposition against the patent within a certain period. Applicants may request re-examination if the patent is rejected
Validity and Maintenance
A patent granted becomes effective for 20 years. Nevertheless, staying active requires renewal through annual maintenance fees. Nonpayment may lead to patent lapse. Besides, after a certain period of no exercise, authorities allow others to license it.
International Patent Protection
Most inventions in life sciences are applicable on the world platform. Patentees do not need to apply for patents in different countries because inventors can take advantage of:
- The Patent Cooperation Treaty (PCT) – An international agreement by which applicants can apply for patent protection in several countries through a single international application.
- Regional Patent Systems – In some regions, the European Patent Office, for example, enable inventors to apply for a single patent that can cover various regions.
Usage of these systems can make the procedure easier and less costly for those inventors who want to achieve protection in several markets.
Choose Jitendra Intellectual Property, JIP!
JIP helps you safeguard your precious intellectual properties in the UAE. Our experts know how to interact with authorities and make the process less time-consuming and easy for you. The sooner you obtain protection for your inventions, the better it is. Choose our expert service providers at JIP who can help you in drafting your invention legally.
