The process of patent registration in the UAE is governed by Federal Law No 31 of the year 2006 that allows entities to protect their inventions and innovations. The Law is an amendment to the previous legislation, Federal Law No 17 of 2002. The amended patent law primarily deals with the registration and renewal of patents, industrial designs and Industrial drawings in the UAE.
Innovators and inventors who wish to register their patents in the UAE must have first-hand knowledge about the major clauses of the Federal Law No 31 of the year 2006. The knowledge about the UAE patent law will enable the businesses to obtain patent protection without any delays or the risk of rejection. Read ahead to understand the UAE patent law in a nutshell.
Letters of Patents and Utility Certificates
As per Article 4 of the Patent Law, the UAE will grant a letters patent to inventions that result from any innovative idea or an inventive step. However, the Law specifies that such inventions should have a scientific basis and they must be capable of industrial application. The industrial applicability will be perceived in its broadest form and is utilized in fields including agriculture, fisheries, handicrafts, and services. Utility certificates will be granted for a new invention that shows potential for industrial applicability but lacks innovative character warranting patentability.
Inventions Deemed Ineligible for Patent Grant
According to Article 6 of the Federal Law No 31 of the year 2006, letters of patent or utility certificate will not be granted for the following:
- Plant varieties, species of animals, any biological method used for producing plants or animals (microbiological methods and their products are an exception)
- Diagnostic methods, treatments & surgical operations
- Scientific & Mathematical principles, discoveries & methods
- Guides, rules or methods used to conduct business or perform mental activities or play games
- Inventions that are against public order or morals
Requirements for Granting a Patent Registration in the UAE
Each application for patent registration in the UAE should contain the relevant forms requesting the grant of patents. It should be accompanied by information on the applicants. If any corporate or business entity is involved, the application must contain Articles of Incorporation or the Articles of Association of the company. More importantly, these must be legalized through the UAE Embassy. If the applicant is not the inventor, a Deed of Assignment must also be presented with the application, which should also be legalized at the UAE Embassy.
Term of a Letter of Patent & Utility Certificate
A patent registration granted by the UAE Patent Office is valid for 20 years. However, the utility certificate will be valid for a period of ten years from the date of filing. The applicants are required to pay an annual fee on the letters patent or the utility certificate. The payment can be made at the start of every year, counting from the year following the date of filing the applications. Article 14 of the Law permits a grace period of three months for late payment along with a late payment fee.
Rights Associated with a Patent Grant in the UAE
Patent owners in the UAE are entitled to exclusive rights over the invention to make, use and sell products. The patent owner gets the right to use the product and also the right to prevent others from making, using, retaining or selling the product without permission or license. However, as per Article 19 of the Law, the rights associated with letters of the patent do not apply to the following:
- Academic research activities
- Patent usage for means of transportation brought into the UAE on a temporary base such as the body structure, the engine etc.
How can Jitendra Intellectual Property Help?
Hope the points detailed in the blog about the Patent Law have provided adequate information on the procedures and requirements associated with Patent Registration in the UAE. The UAE’s patent protection regime is strong but involves a series of complex steps. However, the assistance of the best patent registration agents in Dubai, such as Jitendra Intellectual Property (JIP), will come in handy for the inventors.
If you are looking for specific patent advice tailored to your circumstances, consider consulting with the best patent registration agents of JIP. We have a team of highly qualified patent consultants in Dubai having extensive IP expertise. Not only are we qualified to serve as your ongoing patent agent, but our deeper understanding of your work will also prove invaluable in offering relevant insights and forging a long-term relationship.