The patent protection process in the United Arab Emirates (UAE) is governed by hard and fast regulations meant to protect intellectual property and enhance technological progress. UAE gives you total rights to utilise and take profit from your invention once you receive patent protection for it. Here is a complete guide for inventors on patent protection in the UAE.
JIP is a top-notch IP service provider in UAE that helps you safeguard your intellectual properties and deal with infringement cases.
Understanding Patent Protection in UAE
A patent gives the inventor the exclusive right to make, use, sell or license their invention. Federal Law No. 11 of 2021 on Patents and Industrial Designs and its executive regulations by Cabinet Resolution No. 6 of 2022 govern the UAE’s patent system in order to protect new and inventive ideas in different fields of technology.
Types of Patents in UAE
- Patents: Granted on new invention resulting from an innovative idea or innovative improvement and represents a creative step and is industrially applicable
- Utility Patents: Granted on an invention that is manufacturable but does not result from a sufficiently creative step for a product to grant a patent.
Eligibility Criteria
To qualify for a patent in the UAE, an invention must meet the following criteria:
- Novelty: It must not be disclosed anywhere in the world before the filing date.
- Inventive Step: It must involve an inventive step which should be disclosed in the application.
- Industrial Applicability: There must be a way to use and apply it within a commercial-like setting.
The Patent Application Process in UAE
- Preparation: Draft a detailed description of the invention, the drawings and specifications. This description must be sufficiently clear so that a person skilled in the art would be able to become acquainted with the invention by using this description.
- Submission: The patent application must be submitted to the UAE Ministry of Economy. All necessary documents, like the background, description, drawings, abstract and claims, must accompany the application.
- Examination: Next, the application goes through a formal review process to make sure that it meets what’s required. During this stage, the Ministry of Economy may ask for further information or amendments.
- Publication: If the application passes the examination, it will be published in the official gazette. This lets the public acknowledge the invention and file any objections.
- Granting: If objections do not arise or if such objections are resolved, the patent is granted. It gives the inventor a certificate of patent, granting exclusive rights for 20 years from the date on which the patent was filed, subject to pay the annual fees according to the procedures specified in the executive regulations.
Required Documents for Patent Application in UAE
- Background of the invention
- Description of details for the invention.
- The invention drawing or diagram.
- Abstract and claims
- Arabic translation of all of the above.
- Trade license and MoA for companies only.
- If the application is filed by a representative, it must be made under Power of Attorney.
Patent Maintenance in UAE
- Annual Fees: In order to keep the patent alive, maintenance fees must be annually paid to the Ministry of Economy. A failure to pay these fees will cause the patent to lapse.
- Renewal: UAE patents are valid for 20 years without extension, and then after, they will be owned by the public.
Enforcement of Patent Rights in UAE
- Infringement: The owners of patent rights have the right to bring legal action against the use, production or sale in any way not authorised under the patent applies
- Legal Remedies: Remedies for patent infringement may include injunctions, monetary damages, and the seizure of infringing products.
- Customs Protection: To stop such importation, UAE Customs allows patent holders to register their patents for protection against the importation of counterfeit goods.
Strategic Tips for Inventors
- Consult Experts: Work with patent attorneys or IP specialists like JIP to make sure your draft and application filing are right.
- Monitor Competitors: It’s also better to watch the market for infringing activities and act proactively to protect your claimed rights.
- Leverage Government Support: Take advantage of UAE government initiatives and support programs for inventors, such as those provided by the Ministry of Economy and by local innovation hubs.
Why Choose Jitendra Intellectual Property (JIP)?
Any inventor wishing to protect their innovation will, at some point, have to navigate UAE patent protection. Inventors can do it easily by taking assistance from expert IP providers at JIP. By helping you patent your inventions, JIP not only protects your invention but also promotes innovation and technological advancement in the UAE. Hire our IP service providers today!