Inventions have made functions easier in today’s world. Technology is slowly replacing manual labour and is looking to create a world without the requirement of human interference. In every sector, innovative ideas and objects have eased the jobs of the social workforce. In the transport sector, the introduction of cars, bikes, planes have reduced global transportation services. Two centuries back, travelling around the world meant months and years of travel. Now it's just a matter of hours, from one end of the world to the other.
Innovations have come a long way and are continuing to increase by the day. However, the innovators deserve their due credit for all the hard work put in and the numerous sleepless nights endured inventing life-changing products.
The patent looks to protect these works of innovators with the goal of ensuring every innovator gets their due credit as well as sufficient monetary benefits for all the efforts undertaken as well as recovery of costs for all the money spent on research and development. The patent law in the UAE is a must for those looking to start a technology business in the UAE.
Patents in the UAE
UAE patent law is covered under the UAE’s Federal Law No.31 of 2006 pertaining to Industrial Regulation & Protection of Industrial Drawings, Patents and Designs. The patent in the UAE is granted to an invention that has a scientific basis and is capable of being used in any industry. This means that the invention should have industrial use in any of the industries. Utility protection is given to those products that don't have any innovative character but do have an industrial use. This utility protection is granted for a period of 10 years while a patent is granted for 20 years. This patent is nonrenewable.
If a significant additional benefit is added to a patented product using legal methods, then only the new additional component can be granted a patent.
Patents in the UAE are not granted to certain inventions or discoveries. This includes
- Biological methods through which plants and animals can be produced. No patent can be granted to any plant nor animal species.
- Methods of diagnosis as well as treatments and surgical operations needed for the medical sector with respect to human life as well as animals. (E.g An operation on the human body which requires specialised skills and knowledge like embryo transplants or any special diagnosis cannot be patented)
- Any mathematical principles, scientific principles or any such discoveries or methods
- Any rules for games or any rules or methods used to conduct business and perform physical activities cannot be granted a patent.
- Any invention that is against public order or morale. ( E.g. Human cloning is considered as unethical, and thus any such method used cannot be patented)
- The arrangement, rearrangement or replication of known devices cannot be patented.
Cancellation or Surrender of a Patent in the UAE
The owner of a patent, the owner of a license granted mandatorily (Compulsory license) or the holder of a utility certificate has the power to assign a patent through written notification to any party having a right or to the authorities.
The assignment might be with regard to any of the rights granted by the letters patent, compulsory license or the utility certificate but under the condition that such an assignment will not seem unfair to other third parties to whom such rights have already been assigned unless such rights have already been assigned to in writing by the other third parties themselves. The assignment must be registered in the ministry’s record and is only valid after the date it is published in UAE’s industrial property circular.
Affected individuals can use the help of UAE’s judiciary to request for nullification of the said patent, compulsory license or the utility certificate. Further, the owner of the patent, the compulsory license and the utility certificate and any other related parties should be notified in case
- If any of the three, i.e. the license, patent or certificate was granted without the satisfying all of the required conditions stated by any of UAE’s laws or bylaws.
- If the patent, the certificate or the license is granted without considering the priority of previous applications.
If any cancellation does occur, the total or partial nullification is said to be valid from the date the patent was granted. However, there lies no obligation on the part of original owners to refund the money received in using the patent if it's proven that such money was utilised. The nullification should further be recorded in the ministry's register.
Are you looking to register a patent in the UAE? Our team of experts at Commitbiz offer the best intellectual property solutions in the UAE. Feel free to contact us, and we'd be more than happy to assist you.
1. For how many years is the utility protection granted in the UAE?
It is granted for 10 years.
2. From when will the UAE patent cancellation be valid?
The total or partial nullification is stated to be effective as of the date the patent was given, and it should be documented in the ministry's registry as well.
3. Does the patent holder has the power to assign it in the United Arab Emirates?
Yes, the patent can be assigned by the holder through a written notification.
4. When is the UAE’s patent assignment valid?
The assignment must be recorded in the ministry's files and is only valid after publication in the UAE's industrial property circular.
5. What to do if the patent is granted without abiding by the patent law in UAE?
It should be immediately notified to the owner of the patent and any other related parties.