The UAE has transformed into a global hub for business and technology over the last few decades. This modernization has been accompanied by a robust legal framework that guarantees the advancement of innovation in a supportive environment. 

The patent law is one aspect of this system that promotes technological growth in the country. Patent laws and associated legal regulations are in their nascent stage, and businesses find it in their best interests to get behind this venture as it develops in the coming years.

Eligibility to receive a Patent in the UAE

The Government of UAE offers patents for any invention that has undergone an evolutionary phase, provided that this invention has suitable commercial applications. The documentation for the patent detailing its technical specifications along with its practical application must be presented along with the prototype.

Patent Registration Process in the UAE

It is a relatively straightforward process to apply for a patent grant in the UAE. To ensure a smooth patent registration process, a few items need to be in order. Dubai Corporate Lawyers recommend consulting a regional patent expert before proceeding with the official application so that any potential obstacles may be resolved beforehand. 

• The documentation that details the functional aspects of the innovation must be drafted in an exhaustive manner. It could be explained as a narrative – the conception of the idea, the specific problems it would address, and its unique functional aspects.
• The physical prototype or formula must be accompanied by technical documentation that supports the practical application of the innovation. This would establish the marketability of the innovation with the assigned patent examiner. 
• If the patent is under a commercial license, the article of association with the entity must be prepared and notarized.
• A summary of evidence must be provided along with the technical documentation. This should explain in 200 words the extent of industrial application of the innovation.
• If a patent agent has been appointed to present the application, a notarized Power of Attorney must be made in favor of the patent representative.
• A letter of consent must be obtained if the patent is being sought for an extension of another patented innovation. 

Patent Validity in the UAE

A patent granted in the UAE is valid for a period of 20 years and the terms cannot be extended past this period. The date of filing the patent application is taken to be the commencement of this period.

Granting a Patent

The Industrial Property Publication and the UAE’s Official Gazette are authorized to print and publish the patent until further approval has been granted. The Ministry would then open an investigation to verify the originality of the innovation or method that has been granted a patent, its industrial applications, and whether it conforms with the Federal Patents Statute.

Patent Rejections and Appeals

The UAE Patent Office is authorized by the UAE IP legislation to summarily reject any patent grant that is not compliant with the guidelines set by the Federal Patents Statute. The rejection can be contested via judicial review within 60 days. 

Patents that are approved would be published in the Federal Patent Register. The public can access this and raise any objections against the issuing of the patent by the UAE Patent Offices in 60 days. If no disputes are raised during this time, the patent certificate is granted.

Patent Enforcement in the UAE

Patent rights can be enforced when a violation of intellectual property rights is detected. The dispute can be resolved by judicial methods if it is brought before a qualified judicial body in the UAE. Dubai Corporate Lawyers can help guide patent holders through the litigation process:

• Patent enforcement in the Emirates of Dubai, Abu Dhabi, and Ras Al Khaimah would be under the domain of federal courts that are run independently by the respective cities.
• Patent enforcement in the Emirates of Sharjah, Umm Al Quwain, Fujairah, and Ajman would be under the domain of the Federal Court of the country.
• The judicial circuit of the Federal Court of Abu Dhabi authorizes judges trained in Intellectual Property to arbitrate over patent enforcement disputes.

Patent Licensing

As a pioneer in international business operations, the UAE is obligated to safeguard the intellectual property rights of registered patents. The terms of the patent rights as per the respective patent license agreements come under UAE Federal patent laws. This would include exclusive rights, the territorial extent of applicability of the patent license.

Various guidelines have been set down with the goal of protecting the licensor and the licensee. Patent holders are advised to review their patent license with professional Dubai Corporate Lawyers.

• The validity of the Patent License Agreement must not be in excess of the validity of the patent itself.
• The official notary public must sign and notarize the Patent License Agreement in the presence of all the signatories.
• The Patent License Agreement must be legally translated into Arabic.
• The Patent License Agreement must be recorded and submitted to the relevant Ministry. 
• “An unused or uncommercialized granted patent could result in being legally licensed to a worthier owner.”

Commercial exploitation is one of the distinctive aspects of the patent license. Article 24 of the Legislation makes it mandatory that if a patentee ceases or discontinues commercial use of the granted patent, or fails to delegate the patent to an eligible assignee to carry out patent commodification, the patent in dispute will be legally liable to be arbitrarily assigned and granted to a party deemed to be suitable. 

This is applicable in situations where the patent holders withhold the commercial application of the patent, but the circumstances make it imperative that it be made so. A qualified judicial body is authorized to issue a patent license in such a situation – hence, the term ‘Compulsory Licensing’.

Patent Prosecution 

Patents and designs are regulated by the Industrial Property Offices under the direction of the Directorate of Industrial Property, the Ministry of Finance, and the Industry applications. As per their guidelines, new innovations that are a result of original in concept or imaginative action with sound theoretical backing are eligible for patent protection. 

Exclusions from prosecution

The Patent Act of the UAE Article 6 excludes some subjects in line with patent enforcement and challenges:

• Plan types, species of animals, or organic plant or animal production system
• Diagnosis, surgery, and medication methods for human or animal welfare and health
• Science and mathematics ideas, observations, and techniques
• Guidelines and procedures for carrying our cognitive tasks, sports, or trade.
• Any innovation that threatens to contribute to the breach of national security or public morality.
• Article 6.2 lists certain protocols that cover the national security aspects related to innovations.

Work with the best legal firm

GH International is the leading legal services firm in Dubai, with offices located across Fujairah, Iraq, and London. Our unique approach to litigation and our dedication to protect the interests of our clients have helped us earn our reputation as the finest Dubai Corporate Lawyers. We are committed to providing the finest legal services to address a variety of issues faced by companies as well as individuals. If you are in need of a Commercial Lawyer in Dubai to navigate the legal issues in copyright and patent laws, we are always on call to help you out.