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HOW TO OBTAIN PATENT IN UAE: REGISTRATION REQUIREMENTS

HOW TO OBTAIN PATENT IN UAE: REGISTRATION REQUIREMENTS

The cornerstone of innovation is inventions. Patents protect an innovation that provides a novel solution to a technological issue. Patents safeguard the rights of inventors whose ideas are genuinely revolutionary and economically successful by guaranteeing that the inventor retains ownership over the invention’s commercial usage.

A person or business that owns a patent has the legal right to prohibit others from manufacturing, selling, distributing, or importing the technology. This exclusive right provides innovators with possibilities to sell, trade, or license their patented inventions to others who may be interested in using them. Patent protection may offer you a variety of protections against rivals who can steal and copy your idea. If you’ve created anything, you should file a patent application right away.

This article discusses the benefits of obtaining a Patent, the procedure of Patent registration in UAE and what inventions can be patented.

What is a Patent?

A patent is an exclusive right given for an invention. The invention can be in the form of a product or a new method. It must provide a new technological solution to a problem or provides a new way of doing something in general. Technical information regarding the innovation must be given to the public in a patent application to get a patent. A patent is an exclusive right that allows the creator to prevent others from manufacturing, selling, or utilizing the invention for a specific duration of time—the patent system intended to foster the development of novel and valuable innovations.

Why is a patent necessary for any business?

  1. Protect your invention

A patent is critical because it protects your creation, whether it be a product, a design, or a process. If your innovation satisfies specific criteria for novelty and utility, a patent will protect it for up to twenty years and in as many countries as you like. In other words, you will obtain a monopoly, preventing other persons or businesses from developing comparable items within the same scope.

     2. A Patent Aids in the Growth of Your Business

The most apparent benefit of patents is that they prohibit rivals from duplicating their inventions. If you get a patent for an innovation, other parties will be unable to use it freely. Thus, a patent assists in protecting your creation, which eventually leads to company growth.

  1. High return on investment

You may improve the market position by prohibiting other businesses from competing in your particular specialty if you have obtained a patent for your invention. The patent helps in enhancing your standing in the market and make competition minimal. You will therefore get your business a high return on investment.

  1. Patent Licensing

In exchange for royalties, patent owners may want to allow a third party to utilize their innovation. Licensing may be advantageous for start-ups that lack the financial resources or infrastructure necessary to produce or sell a product independently but want to maintain economic benefit from the innovation. Licensing may also be advantageous in foreign markets, allowing businesses to use the expertise of local distributors.

  1. Patent Infringement case

Patent registration enables the innovation protected against theft. However, once a patent is granted, it vests the patentee with the exclusive right to sue for infringement if the invention is used without the patentee’s consent.

Also you should know: How Intellectual Property Rights are Assigned in UAE

Invention not subject matter of Patent protection

It is to note that all inventions are not subject to patent protection. Article (3) of the UAE Patent Law (Federal Law No. (31) For the Year 2006 Regarding the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs) establishes a list of innovations that are not patentable.

As a result, Patent law does not protect any innovation that fits within one of these categories as follows:

  1. plant varieties,
  2. animal species,
  3. Biological processes for the production of plants or animals. Except for microbiological techniques and their products. For Example, Genetically engineered bacteria, plants, and animals covered under patent protection.
  4. Diagnostic methods, therapeutic, and surgical operation for humans and animals.
  5. Scientific and Mathematical Principles;
  6. Discoveries and Methods
  7. Guides, regulations, or procedures for doing business, performing mental tasks, or playing games.
  8. An invention that may damage public order or morality.

Apart from these categories, any invention cannot be patented if it lacks:

  1. Novelty (New Invention) means if the invention is not new and falls in the public domain.
  2. Non-obviousness means if the invention is just a minor modification of an existing invention
  3. Capable of industrial application means if such invention is not useful to the public.

Law governing Patent protection in UAE

Federal Law governs patent protection in the UAE No. 17 of 2002 (as modified by Federal Law No. 31 of 2006).

Find more about: Infringement of Intellectual Property

How to obtain Patent in UAE: Filing Requirement

  1. Submission of Patent application before ICPR:

International Centre for Patent Registration (ICPR) under the Ministry of Economy is the authorized body to register patents in the UAE. Applying for a patent is a formal request made to the ICPR to grant a patent for the Applicant’s stated and claimed invention. After the filing by the Applicant, the ICPR staff shall verify all the required documents and notify the concerned party of the results of the formal and legal examination.

  1. Language of patent Application:

Arabic and English are the official languages of a UAE patent application. The Patent Application must provide the translation.

  1. A patent application in the UAE must include the following:
  • a request for a patent;
  • details of the applicant(s) and author(s) (names, addresses, nationalities);
  • specification and claims in English and Arabic,
  • drawings, if any, and
  • An abstract.
  1. Submission of a certified copy of the Priority Document

Within 90 days after the filing date, a certified copy of the Priority Document, as well as its Arabic and English translations, should be submitted.

  1. Original Power of attorney

Power of Attorney to be submitted within 90 days after the filing date. It is necessary to get legalization from the UAE Consulate.

  1. Deed of Assignment

Within 90 days of the filing date, the Applicant must file a Deed of Assignment from the inventor(s) to the Applicant if the Applicant is not an inventor. It is necessary to get legalization up to the UAE Consulate.

  1. If the inventor is a corporate

Suppose the Applicant is a corporate, submitting a certificate of incorporation or Articles of Association (AoA) required within 90 days after the filing date. It is necessary to get legalization from the UAE Consulate.

Duration of Patent protection in UAE

As specified in Article 14 of Patent Law, a UAE patent is valid for 20 years from the date of submitting the patent application. 

The purpose of this article is to provide a general overview of the subject. HHS’s attorneys and legal advisors are experts in patent registration, infringement, and other related matters. Our intellectual property experts can advise you on the appropriate processes and help you with registering a patent. Please contact us immediately for help from a qualified professional.

 

References:

  1. https://theislandnow.com/blog-112/reasons-why-patent-is-important-for-any-business/
  2. https://u.ae/en/information-and-services/business/intellectual-property
  3. https://www.ip-coster.com/IPGuides/patent-uae
Trademark & Intellectual Property Attorney

Shahnaz Kaushar is a senior Trademark and Intellectual Property (IP) attorney in HHS Lawyers. A seasoned lawyer based in Dubai, she has handled some of the firm’s complex, high-profile cases – many involving the protection of trademark and IP rights. Read more