Automation and diminishment of manual labour have been one of the purposes of inventions and technologies. UAE has been a technologically advanced nation for years now and is continuing to grow at a steadfast rate. The infrastructure and government-friendly policies have made it a Tech-Hub in the eyes of many entrepreneurs and thereby gaining popularity amongst various body corporates. There are no signs of stopping for the UAE, which makes it one of the best locations to start a business in the Middle East.
With the rise in technology, information for anyone is just a click away. However, some confidential information is what drives certain companies to success. Any disclosure of such information would repudiate the company and eventually cause its downfall in certain scenarios. This is why the Patent law in the UAE has been introduced. Patent law in the UAE looks to protect out of the box inventions and technologies so that all the hard work and effort put in making the new object is justified and costs of research and development are also recovered. Moreover, the original inventor is bound to receive credit and thereby getting all the benefits for the invention. A patent in most industries is a competitive advantage. All patents start with an idea or a concept; however, it cannot be patented.
Patent Law in the UAE
In the UAE, letters patent is a deed of protection given to an original innovator or inventor. However, there are many conditions to be satisfied. This new invention has to result from an innovative idea and can be in any field of technology. It should however
- Have a scientific explanation
- Have an industrial application
The term industrial application usually means that it should at least be utilised in fields such as fisheries, handicrafts, agriculture and services. Patents are valid for a period of 20 years. Some people prefer trade secrets to patents in the UAE due to the unlimited period of protection a trade secret has. Under registration of any patent, all information has to be disclosed to the Administration of Industrial Property.
In case there is no innovative factor in an invention, but the said invention has industrial applicability, then utility protection or a utility certificate shall be granted to the inventor upon his request. This utility protection is only valid for a period of 10 years and is not renewable
What Is Not Covered Under Patent Law
- Animal species, Plant varieties or biological methods of producing animals or plants. There are certain exceptions allowed for certain microbiological methods and products arising from such methods
- Surgical operations, treatments, and Diagnostic methods necessary for humans and animals. ( With respect to the medical field)
- Mathematics and Scientific principle, methods and discoveries.
- Rules, Guides or methods followed to perform mental activities, conduct business or play games
- Inventions that violate or are against public order and morals.
Rights Provided to Patent Holders
The purpose of a patent is to provide the holder of a patent with certain benefits or rights. These include
- The right to exploit the new invention with respect to manufacturing, usage, sale of the said product.
- If the invention is such that it deals with a process of manufacturing, then the sole right to manufacture shall only be given to the holder of the patent.
- The holder also has the right to prevent others from using, manufacturing, retailing, importing or selling the invention or product without proper authorisation.
- In case of a process, the holder also has the right to prevent others from using the process of selling the product generated from such process without taking the required permission.
However, these rights cannot be enforced with respect to matters of academic research.
A few famous examples of patents are
- The iPhone is one of the most popular patented electronic devices on the planet. Its design and utilities earned it a patent and Apple have benefitted immensely from it.
- GoPro- the company, wanted to find a way to let individuals share and record memories of their adventures. The concept clicked when the company came up with durable cameras that could be attached firmly to the bodies of individuals, thereby coming up with an iconic invention.
- Google's page rank method- Larry page introduced a way to rank pages on the basis of how many pages were linked to it. The method was a success, and the word google is now a verb which speaks volumes of its success.
Are you looking to start an industry in the UAE? Do you need to register your new invention? Is someone else trying to use your patented product? Our team of experts at Commitbiz is one of the best Intellectual Property Service providers in the UAE. Feel free to contact us, and we'd be more than happy to help you.