United Arab Emirates: Summary of the Patent/Utility Model Registration System in the UAE

Once an application for the grant of a patent is filed, it is examined with respect to compliance with formalities and patentability provided for under the Patent Law including the 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. The 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.

A patent is valid for 15 years and renewable for a period of no more than 5 years. A utility certificate is valid for 10 years and is renewable for a period of no more than 5 years. Patents granted for process inventions relating to medicines, etc. shall be granted for non-renewable period of 10 years. Annuities are to be paid during the final three months of each year of the protection period. However, late payment of the annuities with a surcharge is allowed within 30 days from the lapse of the annuity due date. It is possible to pay the annual fees in advance to cover the whole or a part of the validity period in advance.

Patents will not be granted for chemical inventions relating to foodstuffs, medical drugs or pharmaceuticals but the particular processes or methods by which such products are made are patentable. 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.

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 3 years from the grant date of the patent or the working is stopped for 2 consecutive years, or the use does not cover the demands of the United Arab Emirates, or the owner refuses to license it under a contract of fair terms, then the patent will be subject to compulsory licensing under the provisions of the law. The corresponding periods for a utility model are 3 years as of filing date and 2 years as of the grant. Importation of products made under the patent is not considered as use.

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 United Arab Emirates is party to the Gulf Cooperation Patent Law, for more information, please see page 31 and has joined the PCT as of August 1998.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins