Patent

Patent- Prosecution and General Information


Introduction
Federal Law No. 44 for the year 1992 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs was replaced by Federal Law No. 17 for the year 2002. Further, it became a member of the Patent Cooperation Treaty (PCT) since March 10, 1999, accordingly, patents may be deposited within the national phase of PCT.

Registration Procedure
Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patent ability provided for under the patent law including novelty, inventiveness and industrial application. In case of rejection, the applicant has the right to appeal to the committee within 60 days as of the date of receiving the notification of rejection.

Accepted applications are published in the Official Gazette and any interested party has the right to appeal to the Committee within 60 days as of the date of publication in the Official Gazette. In the absence of opposition, the letters patent or the utility certificate is issued.

As per the new law, a patent is valid for 20 years. A utility certificate is valid for 10 years

Annuities
The payment of annuities can be made on or before the due date at any time and for any number of years. However, annuities can still be paid during the 3 months after the due date without a late payment fee and another 3 months with a late payment fee, (the total grace period is 6 months).

Assignment/ license
The right to a patent may be assigned or licensed. An assignment shall have no effect against third parties, unless it has been recorded at the Patent Office and published in the Official Gazette.

In General
Working of patents in the United Arab Emirates is an official requirement. If the owner of a patented invention does not satisfy the stipulated working requirements within 4 years from the filing date, or the owner refuses to license it under a contract of fair terms, the patent will be subject to compulsory licensing under the provisions of the law.

Although the law does not have any stipulation of novelty except the mention of "new", the Implementing Regulations require the administration to examine the patent as to its novelty, i.e., the new invention has no precedence in the industrial prior art. The industrial prior art means all that was disclosed to public anywhere at any time whether by written, oral disclosure or by use or any other method which allows the understanding of the invention.

Technical know-how is protected from any unauthorized use, breach or disclosure. Infringement of the rights of a patentee is punishable under the provisions of the law.

The UAE is a member of the Gulf Cooperation Council (GCC) Patent Office. It is a regional office for the GCC, which comprises the United Arab Emirates , Kingdom of Bahrain , Kingdom of Saudi Arabia , Sultanate of Oman, State of Qatar and State of Kuwait. Certificates of patents granted by the Office secure legal protection of the inventor's rights in all member states.

Laws and Articles

  • Bahrain
  • Egypt
  • Iraq
  • Kuwait
  • Lebanon
  • Libya
  • Moroco
  • Oman
  • Algeira
  • India
  • Qatar
  • KSA
  • Syria
  • UAE
  • Yemen
  • Sudan
  • Iran
  • Jordan
  • Tunisia