A Patent is an exclusive right over an invention. It is an intellectual property right of the creator which prohibits others from using it. The invention must provide a new method of doing something or provide technological support to the existing one.
The Law governing Patents in UAE is the Federal Law No. 17 of 2002 (as modified by Federal Law No. 31 of 2006). It is important to note that as per Article 3 of the UAE Patent law, all inventions are not patentable. The said law doesn’t provide the patent right if the invention falls in any of the categories-
- Plant varieties or animal species
- Biological process for the production of plants and animals.
- Diagnostic methods or information regarding surgery.
- Mathematical or scientific principles.
- If it is against public policy or moral order.
Apart from the above, a patent will not be granted, if it falls in the public domain, non-capable of industrial applications, or a mere modification of an existing invention.
Process for Getting a Patent in the UAE
The International Centre for Patent Registration (ICPR) under the Ministry of Economy governs all matters, including registrations, cancellation or renewal of patents in the country. The process for getting a patent include some steps which are enumerated below-
- The applicant needs to deposit an online application form with the ICPR. The application form shall be accompanied with the some documents which are as follows-
Details of the applicant(s) and author(s) (names, addresses, nationalities.
specification and claims in English and Arabic,
drawings, if any, and an abstract.
- The languages used in the patent application are English and Arabic. The application must also provide a translation for the same.
- Before the 90 days of filing the application, a certified copy of the priority document, in English and Arabic language, shall be submitted.
- In the UAE, one of the essential requirements is to get a power of attorney within 90 days of filing the application. It is mandatory to get legalization from the UAE Consulate.
- If the applicant is not the inventor, then he/she must also file a deed of assignment from the inventor to the applicant within 90 days of filing the application.
- If the applicant is a corporate personality, then it is mandatory to deposit the certificate of incorporation, Article of Association (AOA) and Memorandum of Association (MOA) within 90 days. It is essential to get legalisation from the UAE Consulate.
After the successful submission of all the documents, the patent office will issue a notice specifying that the application has been admitted. The applicant needs to settle the examination fee within 90 days of receiving the notice. If all the processes are conducted smoothly, a patent is obtained within an average span of 2 years.There is no novelty grace period provided for patent applications in the UAE.
As per Article 14 of the UAE Patent Law, A patent is protected for a maximum period of 20 years and annual annuity payments must be made by the patent holder to protect his right. Before filing a patent application, it is strongly advised to get legal assistance.