The invention is an integral part of growing and moving forward. Innovation is generally the first step towards forming a company. You invent something new, which has a novelty factor attached to it, and then you try to sell it in the market. In order to protect the invention from everyone, we have patent rights. The UAE is a hub to new companies nowadays, and many of them are based on their own ideas and inventions. Every country has different laws and procedures for patent registration in their jurisdiction. In the UAE, the standard for a product to get a patent is that it should have an element of novelty and non-obviousness.
Patent registering also prevents others from using your invention without a licence and also gives the owner of the patent many opportunities and rights. A patent can be given on different mechanisms, but the sole purpose for the same is to protect the invention from getting commercially exploited. There are rights to protect intellectual property like a trademark, copyright etc.
UAE Patent System
In the UAE, protection of a patent is regulated under the Federal Law No. 17 of 2002 as later amended by Federal Law No. 31 of 2006. The ideas or products which are inventive, useful and which have a novelty factor attached to it get patent protection in the UAE. The novelty factor is not only regional, but it is required to have a novelty factor worldwide. The term for patent protection is twenty years from the filing date.
There are two ways in which a person or a company can get patent protection in the UAE.
- The first is the national route, where a person needs to file a national application at the UAE Patent Office.
- The second way is the regional route, where a GCC Patent filing has to be made.
Once the patent filing with GCC is granted, it will cover all the six GCC countries for patent protection. Along with, as UAE is a member of various treaties like World Intellectual Property Organisation (WIPO) Convention, Patent Cooperation Treaty (PCT), the Paris Convention, The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Gulf Cooperation Council (GCC), it gives an added advantage for patent protection.
Letters patent is a deed which is received by the patent owner in UAE, to establish his ownership after fulfilling the innovation and novelty demand. The patent can be an innovative idea or can be in the field of technology. However, it should either have a scientific use or an industrial application. Generally, the patent protection period is 20 years, but if the invention misses the innovative factor but has industrial applicability, then the same can be awarded a utility period which is of 10 years and is not renewable.
Registration of Patent in the UAE
To register a patent in Dubai, the application should be filed in English and Arabic. Along with the application the details which are to be submitted are-
- A request to grant patent
- Details of the owner of the patent like name, address, nationalities.
Documents that are to be submitted along with the application are-
- Power of Attorney
- Deed of Assignment
- Priority document which should be in English and Arabic both.
The first step to finding if anything can be patented or not is to check if it is new and inventive. If it is not, then the patent application will be rejected. Once the application is accepted, the patent is sent for an examination. The process of this examination can take time which can extend up to two years and also it requires you to submit additional fees. When the application is accepted, and the examination is cleared, then the Ministry of Economy of UAE publishes the application with all the required information in their official gazette.
Sometimes the application is filed, claiming priority; then, the application should be filed within 12 months from the priority date. All the documents required to file a patent should be submitted within 90 days from the date of filing.
What Cannot Be Patented?
Even though patent protection gives a lot of privileges to the owner and is based on invention and innovation, but then there are some things that cannot be patented. Some of them have been listed below-
- Mathematical methods to solve any problem, scientific theories, discoveries and principles cannot be patented.
- Treatments for animals and human beings which consist of therapy, diagnosis or surgery cannot be patented.
- The business method, a procedure used for operation, can also not be patented.
Rights Of Patent Holders
When the registration of a patent is successful, it gives the owner some rights and privileges. Some of them have been listed below.
- The owner has the right to use his invention as much as he wants in order to manufacture and sell that product. He can also use it for personal usages.
- The right to manufacture is completely given to the owner.
- The owner also has the right to stop or prevent any other person or company from manufacturing the patented product.
Patent registration gives you the authority to manufacture the product you have invented. As Dubai has a lot of scope for companies nowadays, a person forms of company in Dubai and then use the patented product to manufacture it there. This will help him grow as an entrepreneur and will also earn him profit. In order to set up a company in UAE, the procedure is a little time consuming and takes the energy of a person who is not familiar with all the laws and processes. Therefore a person needs to seek advice and consult an expert. If you need any advice or help with setting up a company, feel free to contact us.