A patent in the UAE is a legal right that grants the exclusive right to an innovation to its owner. A business or individual would have invested considerable effort and creativity in developing a technology or product. Filing a patent in the UAE is crucial to safeguard your invention; without it, your efforts may be wasted. Regardless of the type of invention you have and the nature of the industry you are in, patent registration in the UAE will enhance the value of your business asset.
Understanding the Patent Registration Process in the UAE:
The Ministry of Economy (MOE) is the legal authority responsible for governing patent registration in the UAE. The MOE will ensure that the registered patents are protected from unauthorised use. Businesses can file their patent application online through the Ministry of Economy’s eServices or submit it in person by visiting the MOE office in Dubai.
Patent rights are granted for inventions that are new, innovative, and industrially applicable. Applicants can file patent applications by submitting the required documents and fees to the Ministry of Economy (MoE). The UAE Patent Office will examine your patent application and publish it in the official gazette for 90 days. If there is no opposition, the applicant will then obtain the patent.
Inadequate Patent Search
One of the significant requirements for obtaining a patent is novelty, so businesses should ensure that their invention is unique and not already patented in the UAE. Inventors should conduct a patent search in the early stage of the invention to determine if there is already a registered patent for the invention. You can do a patent search through the online database of the UAE Patent Office. While conducting a patent search, the applicant should consider using relevant keywords, patent classification, and patent numbers.
Insufficient description of the invention
A description of the invention plays a key role in a patent application. It should explain what the invention is about, and it should be detailed yet simple, so that the examiner can determine the design. The description should encompass all the essential aspects of the invention, including its development, operational process, technical details, and industrial applications. Ensure that you use clear and precise language when creating the description, and include sufficient details. Applicants can include flowcharts and technical drawings to enhance the clarity of the written description.
Imprecise drafting of patent claims
Patent claims are a crucial part of the patent application, as they define the scope of legal protection granted by the patent. A patent claim should describe the invention and its significant aspects that make it novel and inventive.
Applicant should ensure that the patent claims are drafted precisely to ensure that the granted patent will protect their invention. Patent examiners will review the claims to ensure they comply with local laws and regulations. Additionally, the applicant should consider the potential future modifications of the invention when drafting patent claims and ensure that the claims don’t infringe upon existing patents.
Delaying the patent application
The UAE follows a first-to-file system, which means that the first person to file a patent application in the country will obtain patent protection. Inventors shouldn’t delay filing a patent application, as it may lead to the disclosure of the invention, which could affect its patentability. There is another scenario in which your partners or investors have access to the invention and can file for a patent. Therefore, ensure that you have proper agreements in place, such as Non-disclosure agreements, to define ownership and prevent future disputes. Delaying patent application may result in losing the opportunity to protect your invention, especially if someone else files a similar patent before you.
Marketing your invention before filing a patent application
Companies should not share information regarding a commercially viable invention with others, such as displaying it in public events or advertising it to potential clients. All of this could prevent you from obtaining patent protection for your invention in the UAE, as the invention should be novel to be eligible for a patent.
Partner with Jitendra Intellectual Property to obtain Patent protection for your invention:
Before filing a patent, you need to ensure that your idea is original. Additionally, you should be capable of addressing objections or requirements that may arise during the examination process. Jitendra Intellectual Property can assist businesses with patent searches, and our expertise will be beneficial in responding to any objections or requirements from the UAE Patent Office. Our team can provide patent monitoring services in the UAE, and in the event of any infringement, we will assist you in enforcing your rights.