Patent Registration in the UAE is a crucial process for inventors who wish to protect their innovative ideas and inventions. Securing a patent in the United Arab Emirates (UAE) is essential for protecting your innovative ideas and ensuring exclusive rights to your invention.
This guide provides a step-by-step overview of the patent registration process in the UAE, covering eligibility, requirements, costs, and legal protection based on official UAE laws and regulations.
What Is a Patent?
A patent is a government-issued legal document that grants an inventor exclusive rights to their invention for a specific period, typically 20 years. During this time, no one else can make, use, or sell the patented invention without the inventor’s permission.
In the UAE, patents are regulated under Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights, administered by the UAE Ministry of Economy.
Eligibility for Patent Registration in UAE
To be eligible for patent protection in the UAE, your invention must meet the following criteria:
- Novelty – The invention must be new and not publicly disclosed before applying.
- Inventive Step – It must involve an innovative concept that is not obvious to experts in the field.
- Industrial Applicability – The invention must be capable of being used in an industry or commercial setting.
Non-Patentable Inventions in UAE
In the UAE, certain types of inventions cannot be patented. These include:
Plant Varieties and Animal Species: Inventions that involve biological methods for producing plants or animals, except for microbiological processes and products derived from them.
Medical Methods: Methods used for diagnosing, treating, or preventing diseases in humans or animals.
Scientific Principles and Discoveries: Scientific theories, discoveries, and mathematical methods.
Business and Mental Methods: Plans, rules, and methods for conducting business, performing mental activities, or playing games, including computer programs.
Natural Substances: Naturally occurring substances, even if they are purified or isolated from nature, except for specific methods to isolate or purify them.
Inventions Contrary to Public Order or Morals: Any invention that could harm public order, morals, or the environment, or be detrimental to life or health.
Step-by-Step Process for Patent Registration in UAE
1. Conduct a Patent Search
Before applying, it is advisable to conduct a patent search to check if similar patents already exist. This helps avoid potential conflicts and ensures your invention is unique.
2. Prepare Your Application
Gather all necessary documents, including:
- A detailed description of the invention.
- Claims defining the scope of the invention.
- Any diagrams or drawings explaining the innovation.
- An abstract summarizing the invention.
- A power of attorney (if filing through a patent agent).
3. Submit the Patent Application
Patent applications in the UAE must be filed with the UAE Ministry of Economy through their online portal (moec.gov.ae).
4. Formal Examination
The Ministry of Economy will review the application to ensure all documents are in order and meet the basic filing requirements.
5. Substantive Examination
A thorough examination is conducted to determine if the invention meets the novelty, inventive step, and industrial applicability criteria. This stage may take months to a few years, depending on the complexity of the invention.
6. Patent Publication
If the application passes the examination, it is published in the UAE Official Gazette. This allows third parties to file objections if they believe the patent should not be granted.
7. Grant of Patent
If no valid objections are raised within the specified time, the patent is granted, and the inventor receives exclusive rights for 20 years.
Patent Registration Service Fees in the UAE
Service | Individuals/SMEs/Academic Institutions | Companies |
New Request | AED 1,000 | AED 2,000 |
First Examination (1-10 claims) | AED 3,500 | AED 7,000 |
First Examination (11-30 claims) | AED 4,000 | AED 8,000 |
First Examination (31-50 claims) | AED 4,500 | AED 9,000 |
Re-Examination | AED 2,500 | AED 5,000 |
Publication | AED 400 | AED 800 |
Express Examination | AED 1,000 | AED 2,000 |
Post-Grant Re-Examination | AED 2,500 | AED 5,000 |
Appeal | AED 500 | AED 1,000 |
Annual Fees (1st – 5th Year) | AED 100 | AED 200 |
Annual Fees (6th – 10th Year) | AED 500 | AED 1,000 |
Annual Fees (11th – 15th Year) | AED 1,250 | AED 2,500 |
Annual Fees (16th – 20th Year) | AED 2,000 | AED 4,000 |
Average Duration for Patent Registration in UAE
The Average Duration for Patent Registration in the UAE is as follows:
Initial Examination: It takes about 2 months from the date of submitting the application to complete the legal examination, provided all submitted documents are correct.
Examination Results: It takes approximately 18 months from the date of paying examination fees to receive the examination results.
Registration and Publication: It takes about 2 months from the date of paying registration fees until the publication of the patent.
This timeline ensures that applicants have a clear understanding of the patent registration process and can plan accordingly.
Patent Validity and Renewal in UAE
- Patent validity: 20 years from the filing date.
- Annual renewal fees: Must be paid to maintain patent protection.
- Failure to renew: If renewal fees are not paid, the patent will lapse.
Patent Infringement and Legal Protection in UAE
In the United Arab Emirates (UAE), patent infringement refers to the unauthorized use, production, or sale of a patented invention without the patent holder’s consent. The UAE’s Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights governs patent rights and outlines the legal framework for addressing infringements.
Legal Protections Against Patent Infringement in the UAE:
1. Exclusive Rights of Patent Holders:
Patent holders in the UAE are granted exclusive rights to exploit their inventions. This includes the authority to prevent others from manufacturing, using, selling, or importing the patented product or process without permission.
2. Legal Recourse for Infringement:
If a patent holder identifies an infringement, they can initiate legal proceedings in the UAE courts. The law provides for various remedies, including:
- Injunctions: Court orders to cease the infringing activities.
- Damages: Financial compensation for losses incurred due to the infringement.
- Seizure of Infringing Goods: Confiscation of products that violate patent rights.
3. Penalties for Infringers:
The law imposes strict penalties on individuals or entities found guilty of patent infringement. These can include substantial fines and imprisonment, depending on the severity of the violation.
4. Dispute Resolution Mechanisms:
The UAE encourages alternative dispute resolution methods, such as mediation and arbitration, to settle patent disputes efficiently. This approach aims to reduce the burden on courts and provide a faster resolution for the parties involved.
International Patent Protection from the UAE
The UAE offers strong international patent protection through its participation in global agreements like the Patent Cooperation Treaty (PCT). This allows inventors in the UAE to apply for patent protection in multiple countries with a single application. The process includes an international search and preliminary examination before entering the national phase in each designated country.
FAQs on Patent Registration in UAE
A patent in the UAE is valid for 20 years from the date of filing, provided the annual renewal fees are paid on time.
In the UAE, under Article (5) of Federal Law No. (11) of 2021 (UAE Patent Law) you have a 12-month grace period from the time your invention is disclosed to the public to file your patent application.
The entire process from application to grant can take up to 42 months, depending on various factors such as the complexity of the invention and any objections or challenges that may arise
Failure to pay renewal fees on time results in the patent lapsing, meaning you lose exclusive rights to your invention.
Yes, the UAE is a member of the Patent Cooperation Treaty (PCT), allowing inventors to file a single international patent application covering multiple countries.
Conclusion
Patent registration in the UAE is an essential step to protect innovations and inventions. By following the correct process and ensuring compliance with UAE patent laws, inventors can secure their exclusive rights for 20 years. Seeking guidance from patent experts can further simplify the process and help avoid legal complications.
For assistance with patent registration in UAE, consult a certified patent agent or legal expert to ensure your intellectual property rights are fully protected.
