Patent Registration in Dubai UAE

Additionally,  the UAE is a member of the Paris Convention (PC), of the WIPO Convention, of TRIPS Agreement, the PCT and in addition, it is a member of the Gulf Cooperation Council (GCC) Patent Office.

Patents with validity in The UAE may be obtained by:

1. National Filing
2. Entering National Phase of PCT application, or
3. Filing a GCC patent (A patent granted by the GCC Patent Office which is located in Saudi Arabia will protect the patent in all member countries including The UAE).
4. Protection of the invention as a utility model in The UAE is applicable.

Requirements

An invention is patentable in the UAE if it meets the criteria of Novelty, Inventiveness and Industrial applicability. However, a utility certificate may be issued for new inventions capable of industrial application but having no innovative character warranting patentability. 

Here’s a list of non patentable inventions:

1. Invention that may lead to violation of the public order or morals
2. Guides, rules or methods followed to conduct business or perform mental activities or play games.
3. Scientific and Mathematical principles, discoveries and methods.
4. Diagnostic methods, treatments and surgical operations needed for humans and animals.
5. Plant varieties, animal species, or biological methods of producing plants or animals. Exceptions shall be allowed for the microbiological methods and their products.

Procedure

Patent and utility model applications are subject to examination with respect to form and substance. However, formality examination is conducted by the UAE Patent Office while substantive examination is conducted by the Korean Examiners residing at the UAE Patent Office through a special agreement between both offices.

Applications satisfying the exigencies of the relevant provisions of The UAE Patents Act; in particular, with regard to patentability, are accepted and a Ministerial Order granting the relative Letters Patent shall be issued and published in the Industrial Property Journal.

Rejected applications are subject to a petition before the competent Committee within a delay of 60 days from the date of the rejection decision.

Published applications may be opposed by any interested party within a delay of 60 days from the publication date. If no opposition has been filed, or no grounds for opposition exists, the patent is entered in the patent register and a patent or utility certificate is issued.

Validity Period

A registered Patent is valid for Twenty (20) years from the date of filing or PCT Filing date. For Utility Models, the protection period is Ten (10) years. After filing, the term of protection is non-extendable.

As per The UAE Patent Law, an annual fee (annuity) must be paid within 3 months as from the relative anniversary date of filing (International Filing Date for PCT applications and Local Filing Date for National applications) and is payable before the granting of the patent. A grace period of three months is granted (after the expiration of said period), subject to payment of monthly penalty. However, the non-payment of annuities after the expiration of the grace period would result in the lapse of the application, and payment of restoration fees will be applicable to revive the same. In all cases, payment of the annuities in advance for each or part of the validity period of the patent is allowed.

Requirements

Application for original Patent or Utility Model

1- Power of Attorney duly notarized.

2- Assignment from the Inventor/s, if the applicant is not the inventor (Notarized & Consularized).

3- Extract from the Commercial Register or Certificate of Incorporation (Consularized).

4- Specification, claims, drawings (if any) & abstract in English itemized consecutively as follows:

1. Title of the Invention,
2. Abstract of the disclosure,
3. Background Art,
4. Brief Summary of the Invention,
5. Brief Description of the Drawings (if any),
6. Detailed Description of the Invention,
7. Claims, and
8. Drawings (if any).

5- Arabic translation of the specification (Same can be prepared locally).

6- Copy of Priority document in English, if convention priority is claimed (Only certified).

– The specification in Arabic and English (above 4 & 5) is the requisite documents for filing.

– Documents under 1, 2, 3 & 6 can be filed within a non-extendable delay of 90 days from filing date.

Entering National Phase of PCT Application

1- Power of Attorney duly notarized.

2- Assignment from the Inventor/s, if the applicant is not the inventor (Notarized & Consularized).

3- Extract from the Commercial Register or Certificate of Incorporation.

4- Specification, claims, drawings (if any) & abstract in English.

5- Arabic translation of the specification (Same can be prepared locally).

6- Copy of the following PCT Forms:

1. International Application,
2. International Search Report,
3. International Preliminary Examination Report,
4. International Publication.

– The specification in Arabic and English (above 4 & 5) is the requisite documents for filing.

– Documents under 1, 2, 3 & 6 can be filed within a non-extendable delay of 90 days from filing date.

For your Patent Filing in the UAE, don’t hesitate to contact our expert Intellectual Property Professionals. We are just a dial away.