How to Register a Patent in the UAE: Step-by-Step Guide
An innovative invention can revolutionize the way we live in society. However, an inventor needs to get the invention patented if he or she wants to enjoy exclusive rights over its making, use, sale or distribution in the UAE. Understanding the regulations of UAE patent registration is essential to protect your inventions from infringement.
The UAE patent process can be challenging for inventors or organizations that are new to the region.
In this blog, you can learn what you must do to register patents in the UAE. Let us dive in:
The Law for UAE Patent Registration
The process of patent registration in the UAE is governed by the Federal Law No. 11/2021 and the Cabinet Decision No. 6/2022.
Basic Requirements to Register a Patent in the UAE
The UAE patent law stipulates certain conditions and requirements for granting patent registrations:
- The invention must be novel
- The invention must be able to have industrial applicability
- The invention should have an inventive step
Things that can’t be patented in the UAE
The following types of inventions are not eligible for patent registration in the UAE:
- Plant or animal species, or biological methods for plant or animal production with the exception of microbiology methods and their products
- Methods of diagnosis, treatment and surgery for the treatment of humans or animals
- Principles, discoveries, scientific theories and mathematical methods
- Schemes, rules, computer programs, or methods for doing business or performing purely mental activities, or a game.
- Natural materials (purified or isolated from nature) except methods of isolating or purifying natural materials from the original environment.
- Inventions that may result in a breach of public order or morals or harm to life, human health or the environment
Patent Process UAE: How to Protect Your Invention?
The Ministry of Economy (MOE) is the authority that regulates the patent process in the UAE. We at Abou Naja IP can help you navigate the UAE patent registration challenges. The steps to register patents in the UAE are:
- File the application with the UAE Ministry of Economy
- Verification & legal examination of applications and documents
- Notifying applicants about the examination
- Request substantive examination
- Technical examiner’s examination
- issuance of the substantive examination report
- Pay the publication fees
- Patent registration
- Issuance of certificate
Documents to Register a Patent in the UAE
A set of documents needs to be gathered or drafted to register a patent in the UAE. The documents required for the patent process in the UAE are:
- Power of Attorney duly Notarized.
- An Extract from the Commercial Register or a Certificate of Incorporation duly notarized or certified.
- Deed of assignment signed by both parties duly notarized, if the applicant is not the inventor.
- Certified copy of the priority document, if claiming priority.
Period of Patent Protection in the UAE
Patents are protected in the UAE for 20 years from the date of filing the application.
What rights are granted through the UAE Patent Registration?
- The right to exploit the invention (manufacture, use, offer for sale, sell, or import)
- The right to prevent others from manufacturing, using, offering for sale, selling or importing the invention
- If it is a process or method: The right over what results directly from the use of this process or method, in addition to the right to use that process or method
What is the Inventive Step requirement?
An inventive step is a mandatory requirement for an invention to be patentable in the UAE. The inventive step means the invention must involve an innovative idea or improvement that is not obvious to a person skilled in the relevant field.
What is the Industrial Application Requirement?
As per the UAE patent process requirement, an invention must be industrially viable. The industrial application means that the invention can be produced or utilized in any industrial sector. This requirement has been put in place to make sure the invention has a practical use.
How to Speed up the UAE Patent Process?
There is a provision in the UAE patent law that allows you to speed up the examination for urgent applications. An application filed as an ‘urgent application’ will be examined quickly.
Things to Keep in Mind to Register a Patent in the UAE
- The patent application can be submitted by the inventor, the registration agent, or the person to whom the invention rights have been entrusted
- The application must include the name of the applicant, the name of the inventor, and the name of the registration agent( “if any”)
- If the applicant is not the inventor: An assignment should be submitted assigning the rights to the patent to the applicant from the inventor
- The application must include the name of the invention, an abstract and a complete specification
- The application must specify the claims
- Claims must be clear, concise and completely based on the specification.
Benefits of Filing Patents
By registering a patent in the UAE, inventors or businesses can have benefits including:
- Access to exclusive legal rights
- The use of patents as valuable assets
- Gain competitive advantage over potential competitors
- Use of patents for marketing your business
- Ability to attract more investors, financing, or licensees
Final Thoughts on UAE Patent Registration
The UAE patent process is lengthy and complex but that doesn’t undermine the benefits you gain from it. If you are developing an invention, you must attain patent rights over it to gain exclusive rights over its manufacture, use, sale or distribution.
You can also exclude others from exploiting the invention by applying for patent registration. However, getting a patent registered in the UAE is a complex process. A patent agent with experience and expertise can simplify the UAE patent process for you.
If you are looking to register a patent in the UAE, drop us an email at [email protected] for an insightful consultation and our experts shall guide you on how to protect your patent and other intellectual propert
