Patent Protection In the UAE

The technological revolution has changed the perspective of the world. From the entertainment sector all the way to the industrial sector, technology has revolutionised experiences. Technology has impacted the world in different ways and is at its best today. With automation at hand, the need for human interference has significantly reduced due to Artificial Intelligence. With the introduction of Virtual Reality, real-life experiences can be replayed the same way it was experienced the first time.

The health sector has seen tremendous growth in with respect to medical procedures, drugs, monitoring devices etc. The transport sector has seen tremendous changes with all-electric cars, autopilot, various other devices and components. UAE has been a tech-hub for years now. Home to over 120 'Fortune 500' companies, UAE has established itself as a leader in technology. UAE’s friendly policies have attracted various businesses and UAE has shown a lot of support in helping set up these businesses.  This is why it is an ideal time to start a business in the UAE.

Patents in the UAE

Patents or letters patent are the terms used to refer to the protection given to brand new inventions.  The UAE’s Federal Law No. 31 of the year 2006 covers patent.  The Administration of Industrial Property issues patents. The UAE covers patents for foreigners as long as the foreigner’s country reciprocates the same treatment for citizens of UAE in their respective country.

Sometimes temporary protection is granted for inventions, designs or drawings which are displayed at local fairs under rules and regulations laid down by the UAE as well as considering other treaties and international agreements.

The letters patent which is granted for 20 years is only granted to inventions which are new, and most importantly, useful. The invention may apply to any field of technology, but it is mandatory that such an invention must be backed by a scientific explanation. The next requisite is that it should be industrially applicable. This means that it should serve or be helpful in any field, at least in the fields of fisheries, agriculture, handicrafts, and services.

Utility Protection

Since the innovative factor is a mandatory condition for a patent. An invention that does not satisfy the innovative factor can be granted utility protection as long as it satisfies the industrial applicability condition. The protection is granted for a period of 10 years.

Design Protection

Design protection is a deed of protection granted to designs or industrial drawings as long as they don’t violate ethical and aesthetic rights as stated by UAE’s law.  This law can be from an international agreement or treaty as well. The industrial design doesn’t have protection unless it’s registered at the administration, and the same is examined according to the procedures and fees stipulated by the law. The limits for the number of drawings that can be registered at a time are 20. It is granted for a period of 10 years.

How Does Patent Protect the Owner?

With respect to letters patent, the following rights are given to the holder

  • The exclusive or sole right to manufacture, use or sell or a product. When the patent is one for process or method, the holder has the sole right to use that process or method. This, in turn, gives the right to the holder to prevent any other party to manufacture, sale, use, import any product, use a specific process without due permission from the patent holder. With respect to design protection, the following rights are given to the holder
  • The right to prevent any other parties from using the industrial drawing or design for the purpose of manufacturing of any product.
  • The right to prevent any party from importing or acquiring any product in relation to the industrial design or drawing with the intention to sell or use the product.

Patent protection is the UAE has turned out to be a boon for many of the inventors in the UAE. It has helped recover the costs of developing the product. It is another reason for any scientist or inventor to venture deep into making the world more technologically sound. For those looking to start a construction company in the UAE, the design protection is a huge boon to have one of a kind equipment manufacturing devices as well as one of a kind buildings.

Patents are also not provided to discoveries, animal varieties, or methods of plant and animal reproduction.

When it comes to starting a health clinic in the UAE, it is important to note that surgeries and methods used for medical purposes, i.e. for the betterment of healthcare with respect to human life as well as animal life cannot be patented. This would be against public order or morale. Patenting life saving methods would be considered unethical.

Need Help?

Are you looking to patent your invention? Have an authentic industrial design you want to protect? We at Commitbiz offer the best intellectual property solutions in the UAE, feel free to contact us, and we'd be more than thrilled to help you.

FAQs

1. Which is the patent law in UAE?

UAE’s Federal Law No. 31 of 2006.

2. Which authority issues patents?

 A patent is issued by the Administration of Industrial Property.

3. How long does the UAE covers a foreigner’s patent?

Foreigners' patents are covered by the UAE if that country provides the same treatment to Emirates' citizens in their respective countries.

4. For how many years is the letters patent granted in the UAE?

It is granted for 20 years.

5. For what is the UAE letters patent granted?

 It is granted for new and useful inventions.