Innovation drives business growth, and patents play a crucial role in protecting and securing inventions. The business landscape in the UAE is so competitive that companies should protect their invention to thrive in it. By obtaining a patent for your invention in the UAE, a business or individual will have the exclusive right to it and can prevent others from using or making it without their permission. There are different types of inventions, including improvements to existing ones and new inventions. Investors should be aware of what kind of IP protection they need for their invention.
Types of Patents in the UAE:
There are two types of patents for inventors in the UAE: a utility patent and an invention patent, which is a standard patent. Federal Law No. 11 of 2021 governs Patent protection in the UAE, regulating and protecting industrial property rights, including patents and industrial designs.
Choosing the proper Patent for your invention
Patent
Inventors can obtain a patent for new inventions, including new processes or products. Businesses can patent inventions in any field of technology in the UAE, from everyday items like kitchen utensils to advanced and complex technology such as microchips. You can obtain a patent for new products or inventions, such as electronic products or chemical compounds, or inventions in any other industrial sector. To get a patent for these products, they must meet specific criteria, including novelty, inventive step, and industrial applicability. Businesses can patent a new manufacturing process, such as the method of developing an electronic product or a chemical compound.
Eligibility criteria to obtain Patent protection in the UAE:
Novelty
Article 5 of Federal law no. 11/2021 specifies that the invention should be new to obtain a patent. Novelty in terms of patentability is that the information regarding the invention is not publicly available. Inventors should make sure that the information regarding their invention is not publicly available before the filing date, otherwise it could affect the patentability of their invention.
Inventive step
Federal law no. 11/2021 specifies that the invention should have an innovative idea to obtain a patent, which means that your invention should be entirely different from any existing technology. For example, you can patent a microchip if it has an inventive technological feature. If the functionality of the microchip is entirely dependent on a computer program, then you may not be granted a patent for your invention.
Industrial applicability
To obtain a patent for your invention, it should be industrially applicable, and it should have practical applications in any industry.
In the UAE, the patent lasts for 20 years from the filing date and cannot be renewed. The patent holder must pay an annual fee throughout this period to maintain the validity of the patent.
Advantages of Patents in the UAE
- Patents can protect new inventions
- The invention will be protected for 20 years
- It can obtain international protection through the PCT
- Robust legal protection against infringement
Disadvantages of a patent
- Time-consuming and complex registration process
- Registration costs and maintenance fees are high
- It could take 2 to 5 years to be granted
- Disclosure becomes public after publication
Case studies for patent
Abu Dhabi University (ADU) patent
Abu Dhabi University has secured several patents in the field of renewable energy and biotechnology.
Scansx patent
Scansx, a medical device company, has developed a portable, non-invasive brain injury detection device. This device is a significant innovation in the medical sector.
Utility patent
Inventors can obtain a utility patent for tools, processes, or modifications and improvements in the existing inventions. The duration of a utility patent is up to 10 years, which is a shorter duration than that of a patent. In the UAE, the application for the utility model is handled by the Ministry of Economy (MOE). Federal law no. 11/2021 governs the Utility patent in the UAE, and this is the same legislation as the Patent. Due to this, there are several similarities between a Patent and a utility patent in terms of registration and enforcement. Inventors can choose a utility patent if their invention involves modifications or improvements to existing products or processes.
Eligibility criteria to obtain a Utility Patent in the UAE:
The idea behind your invention should be new. Additionally, the idea should have a practical application in any industrial field; it shouldn’t be purely theoretical. The invention should have an inventive step to obtain a utility patent. Businesses can protect minor improvements of a product with a Utility patent.
The requirements of a Utility patent are the same as those of a patent, but they are not as demanding when compared to a patent. The level of inventiveness is not as challenging as in a patent, and the filing procedure is quicker and simpler. A utility patent can protect an invention that consists of a valuable improvement to an existing product or process and has an industrial application. Additionally, the registration cost of a utility patent is less than that of a Patent.
Advantages of Utility patents
- A utility patent will protect the operational process and modifications to the existing inventions.
- Quick registration process
- Cost-effective when compared to patent
- Suitable for small improvement
Disadvantages of a utility patent
- The protection period is shorter (10 years) when compared to the patent.
- It can’t be used with high or complex inventions
- It doesn’t offer strong protection when compared to a regular patent
Case studies for utility patent
Liberty Dental Clinic
Liberty Dental Clinic has integrated technologies such as AI and robotics, which have improved its operational efficiency.
Emirates Global Aluminium (EGA)
EGA, a leading aluminium manufacturer, has developed patented technologies which will improve aluminium production efficiencies. This specific aluminium production method will reduce the environmental impact too.
Choose the best IP agent to protect your invention:
Patent registration has different steps, including conducting a patent search, preparing a patent abstract, drafting patent claims, and providing a detailed description of the invention to assess its patentability. Jitendra Intellectual Property can guide you with the patent registration process, irrespective of the industry you are in. Our team can help you with patent monitoring and enforcement in the UAE.
