The registration and protection of patents, utility models and designs in UAE is administered by the Federal Law No. 44 for the year 1992 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings and Designs which was replaced by Federal Law No. 17 for the year 2002 and later amended by the Federal law 31 for the year 2006. It covers all seven Emirates of the UAE, meaning, a design registered in any of the emirates in UAE is protected throughout UAE.
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Patents, utility models and designs in the UAE are protected by Federal Law No. 44 for the year 1992 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings and Designs which was replaced by Federal Law No. 17 for the year 2002 and later amended by the Federal law 31 for the year 2006.
The Law covers all seven Emirates of the UAE that is, Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain. This means that a design granted in the UAE is protected throughout the UAE. Additionally, the UAE is a member of the Paris Convention (PC), of the WIPO Convention and TRIPS Agreement.
When applying for the registration of a Design in the UAE multiple Designs Application is not possible. nonetheless, according to the law, an application may include more than just one industrial drawing or design, provided that such drawings or designs are interrelated in terms of manufacture and uses, and that their total number does not exceed 20 drawings or designs.
For a design to be patentable in the UAE if must meet the criteria of Novelty, Inventiveness and Industrial applicability.
Industrial designs in the UAE are subject to formal examination. However, no substantive examination is performed on industrial designs. Accelerated examination system does not exist in the UAE, and publication fees are to be paid only upon receiving an official notification from UAE patent Office confirming their formal acceptance of the application; otherwise, the application will automatically lapse and payment of restoration fees will be applicable to revive the same.
Published applications may be opposed by any interested party within 60 days from the date of publication. If no opposition is filed, a Design Certificate shall be issued indicating the registration number & date.
The protection term for a Design is 10 years from the filing date and this is non extendable.
With respect to Design Registration, annuities must be paid within 3 months as from the relative anniversary date of filing and is payable before the granting of the Design. A grace period of three months is granted, 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. It is allowed to pay the annuities in advance for each or part of the validity period of the design.
1- Power of Attorney duly notarized.
2- Assignment from the Designer’s, if the applicant is not the designer it should be Notarized.
3- Extract from the Commercial Register or Certificate of Incorporation
4- Two sets of the drawings or models from different angles, which clarify the main features of the design.
5- Copy of Priority document in English, if convention priority is claimed (Only certified).
– Sets under item 4 are requisite for filing.
– Documents under 1, 2, 3 & 5 can be filed within a non-extendable delay of 90 days from filing date.
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