UAE Patent System
Latest UAE patent Law is Federal Law No. (31) For The Year 2006 Pertaining To The Industrial Regulation And Protection Of Patents, Industrial Drawings, And Designs, which provides protection in the 7 emirates namely Abu Dhabi, Dubai, Sharjah, Fujairah, Ras-Al-khaimah, Umm-Al-Quwain and Ajman.
UAE is a member of international bodies, namely:
WIPO Convention since September 1974, Paris Convention (Industrial Property) since September 1996, PCT (Patents) since March 1999, WTO: Member and Signatory to TRIPS Agreement since April 1996 and Gulf Cooperation Council (GCC) since November 1998 (UAE, Kingdom of Saudi Arabia, Kingdom of Bahrain, Sultanate of Oman, State of Qatar and State of Kuwait).
UAE recognizes 3 types of patents:
1. Invention Patent or Letter patent
Invention patents are granted for both process and product patents. It should meet 3 basic criteria.
Novelty- UAE patent law does not have any requirement of novelty except the term ‘NEW’, its means the invention should not have any precedence in the industrial prior art. Industrial Prior art means that the invention is not disclosed to public anywhere at any time whether by written, oral or by use or by other method.
Non Obviousness- The invention should have technical development which is not obvious to any skilled person.
Industrial Application- The invention should have utility in the field such as agriculture, fisheries, handicrafts and services.
2. Utility Model Patent
Utility Model patent is only for Product and not for process. It is creations or improvements relating to the form, construction, or fitting of a product, but not processes.
3. Design patent
Design patent is for original designs relating to the shape, pattern, or a combination of shape colour and pattern, of an object.
No patent shall be issued for the following:
a) Plant varieties, animal species, or biological methods of producing plants or animals. Exceptions shall be allowed for the microbiological methods and their products.
b) Diagnostic methods, treatments, and surgical operations needed for humans and animals.
c) Scientific and Mathematical principles, discoveries and methods.
d) Guides, rules or methods followed to conduct business or perform mental activities or play games.
e) Invention that may lead to violation of the public order or morals.
If it is evident to the administration upon examination of the patent application that the scope of the invention relates to the national defence, then the procedures provided for in the implementing regulations of this law shall be undertaken thereon.
Filing of the application to the concerning authority for the grant of patent. Then the examination takes place by the concerning authorities on the grounds defined in Article-4 (Inventive step, Non obviousness and Industrial Utility). If the application is rejected, then the applicant has right to appeal to the Committee within 60 days. If the application is accepted then the application is published in the Official Gazette and the interested party has the right to file an opposition within 60 days from the date of publication. If no opposition then the letter patent or utility certificate is granted.
After patent grant, Annual fee can be made on or before the due date at any time and for any number of years. However, annual fee can still be paid during the three months after the due date without late payment fee and another 3 months with a late payment fee (total grace period is six months). It should be paid for 1st to 20th year.
After grant of the patent, infringement and invalidation procedures are available in front of the UAE judicial courts. It is important to note that Arabic is the only official language accepted in front of the UAE courts and therefore all evidentiary documents should be filed in Arabic in order to be admissible. Equally, only the Arabic version of the patent granted is admissible in front of the judicial courts. The examination of Patents is conducted by the Austrian Patent Office through a special agreement between them and the UAE Patent office and a request for examination is possible only after receiving notification from the UAE patent office informing that the application has reached the examination stage.
Required documents for Patent Application:
Two copies of the specifications and claims, and an abstract of the invention in the English language and Arabic language is required.
Patent is valid for 20 years, Utility Certificate is valid for 10 years and Industrial Design is valid for 10years.
The right for exploiting the invention through manufacture, usage, or sale of a product. If the invention is a product, the owner shall be entitled to prevent any other party from manufacturing, using, retaining, selling, or importing the said product without permission from the owner. If the invention is an industrial process, the owner shall also be entitled to prevent another party from using the process and the product generated directly there from, and from using, retaining or importing the said product without permission from the owner.
If a person manufactures the product, uses the invention method or undertakes serious steps for such manufacturing or usage in UAE on or before date of the filing the patenting application by another party or claiming the priority date with respect to this application. In this situation the prior party shall have the right, in spite of granting the patent.
Fair Use of Patented Article
Activity Relating to Academic Research and Use of a patent for transportation means being introduced to the UAE on temporary basis whether such a use is intended for the body structure , the engine , or for the spare parts of the said means , considering only the actual needs of the vehicles.
If the patentee have not used their patented invention within 3 years from the date of grant inside the UAE, then any interested party may approach for the compulsory license in the following conditions: the invention have not been used for 3 years by the patentee, the proposed licensee had made the effort for the license at reasonable price and conditions, license should be intended to satisfy the basic requirement of the market and some other conditions.
Know-how can be defined as confidentially held, or better, 'closely held' information in the form of unpatented inventions. It can also be called as Trade-secret. The know how has the benefit of protection from any illegal usage or disclosure or announcement from third parties, as long as it hadn’t been published or put at the public disposal, and having the benefit of protection stipulates that the owner of the know how had adopted the necessary measures for maintaining the secrecy of its elements. The know how contract should be confirmed in writing, and should include definition of the elements and the purpose of using it. The disclosure or announcement of the know-how without the approval of the owner, would amount to an illegal action.
# Article-4 of Federal Law No. 31 for the Year 2006 Pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs (2002)
# Article 43 to Article 53
# Article 6
# Article 12
# Article 12
# Article 14
# Article 14
# Article 14
# Article 49
# Article 15
# Article 17
# Article 19
# Article 24
# Article 39
# Article 41
# Article 42