Developing a new product or process can be a thrilling and challenging experience. It requires creativity, technical skills, and an entrepreneurial spirit. But it also offers the potential to launch a new company and create a brand-new opportunity for individuals or groups. However, protecting that innovation is crucial, and patent registration is a critical step in safeguarding the novelty and marketability of the invention.
What is Patent Registration in UAE?
Patent registration is the legal process by which an inventor secures the exclusive rights to their invention for a certain period of time. This exclusive right enables the inventor to prevent others from using, making, selling, or importing the patented invention without their permission.
Applying for a patent in the United Arab Emirates (UAE) can be a complex and lengthy process, but it’s crucial if you want to protect your intellectual property rights. A patent gives you the exclusive right to manufacture, use, or sell an invention for a certain period of time. In the UAE, patents are granted by the Ministry of Economy’s Patent Office.
How to apply for a patent in UAE?
If you’re considering applying for a patent in the UAE, here’s a step-by-step guide to help you navigate the process.
Step 1: Conduct a Patent Search
Before you start the patent application process, it’s essential to conduct a thorough search to determine if your invention is unique and not already patented in the UAE or other countries. You can conduct a patent search through the UAE Patent Office’s online database or seek the help of a patent attorney.
Step 2: File a Patent Application
Once you have determined that your invention is unique, you can proceed with filing a patent application. The application should include a detailed description of your invention, along with any drawings or diagrams. You should also include a list of claims that specifically define the scope of your invention.
- To file a patent in UAE, visit the Ministry of Economy’s website at moec.gov.ae
- Click on eServices
- Click on Register Patents and Start the Service
- Login with your UAE pass account or create a new one
- Start filing your patent
You can file your patent application with the UAE Patent Office in person or through an authorized agent. If you’re filing in person, you can visit the Ministry of Economy’s offices in Dubai or Abu Dhabi.
Step 3: Pay the Patent Filing Fee
In the United Arab Emirates (UAE), filing a new patent application requires payment of an application fee, which varies depending on whether the applicant is an individual or a company. As of 2021, the fee for new patent applications is AED 1,000 for individuals and AED 2,000 for companies.
In addition to the application fee, applicants may also request a search and first examination of their patent application. This process incurs a fee of AED 7,000 for both individuals and companies. Should the applicant require a second or third examination of their application, an additional fee of AED 5,000 will be charged for each request, regardless of whether the applicant is an individual or a company.
Once the patent application has been examined and deemed eligible for publication, the applicant may request its first publication. While no fees are required for this step, the payment process must still be completed in order to proceed.
Finally, should an applicant wish to file a grievance or objection (appeal) regarding their patent application, no fees are required for this step. However, the payment process must still be completed.
It is important to note that the fees outlined above are subject to change and should be verified with the UAE government’s official patent office at the time of filing.
In addition to the above fees, applicants should also be aware of other costs associated with patent filing, such as attorney fees and translation fees if the patent application is not submitted in Arabic.
The fee can vary depending on the type of patent you’re applying for and the complexity of your invention. You can find more information on the fees on the UAE Patent Office’s website.
Step 4: Wait for Examination
After submitting your patent application and paying the filing fee, you’ll need to wait for the UAE Patent Office to examine your application. This process can take several months or even up to a year, depending on the workload of the Patent Office.
During the examination process, the Patent Office will review your application to ensure that it meets all the necessary requirements. If they find any deficiencies, they may request additional information or ask you to make changes to your application.
Step 5: Grant of Patent
Obtaining a patent in the UAE requires paying several fees and complying with various timelines. The application fee for filing a new patent ranges from AED 2,000 to AED 12,000, depending on the type of application and the number of claims being made.
The legal examination process can take up to 7 months, and examination fees must be paid after that, which can take up to 42 months to receive results.
Finally, publication fees must be paid, and it takes about 3 months until the patent is issued. It is important for patent applicants to be aware of these fees and timelines and to plan accordingly to ensure a smooth and successful patent application process.
If your patent application is approved, you’ll receive a certificate of patent from the UAE Patent Office. The certificate will give you the exclusive right to manufacture, use, or sell your invention in the UAE for a certain period of time.
The length of the patent will depend on the type of patent you’re granted. For a standard patent, the term is 20 years from the filing date, while for a utility model patent, the term is 10 years.
FAQ
How much does it cost to file a patent in UAE?
The various application fees for filing new patents in the UAE are:
- New Application Fees: For individuals, the fee for filing a new patent application in the UAE is AED 1,000. For companies, the fee is slightly higher at AED 2,000. This fee is paid when the application is submitted and is non-refundable.
- Search and First Examination Fees: After the initial application is submitted, the next step is to request a search and first examination. The fee for this step is AED 7,000 for both individuals and companies. This fee is also non-refundable.
- Second and Third Examination Fees: If the initial examination reveals any deficiencies or issues with the patent application, a second or even third examination may be required. The fees for requesting a second or third examination are AED 5,000 for both individuals and companies.
- First Publication Fees: Once the patent application has been examined and approved, it is ready for publication. The fee for requesting the first publication is not required, but the payment process must be completed.
- Grievance and Objection Fees: If an individual or company wishes to file a grievance or objection to a decision made by the UAE patent office, there are no fees associated with this step. However, the payment process must be completed.
What language do I need to file a patent in UAE?
The language used for filing a patent application in the UAE is Arabic. The UAE Patent Office accepts patent applications in Arabic, and all documents related to the patent application should be translated into Arabic if they are not originally in Arabic. It is recommended to seek the assistance of a local patent attorney in the UAE who is fluent in Arabic and familiar with the patent filing requirements and procedures in the country.
How long does it take to get a patent in UAE?
In the UAE, it typically takes around 7 months from the date of submitting the patent application until the completion of the legal examination. After paying examination fees, it can take up to 42 months to receive the examination results. Once publication fees are paid, it takes approximately 3 months until the patent is issued. However, these timelines may vary depending on the complexity of the invention and the workload of the patent office. It is always recommended to consult with a patent attorney or agent for more specific information about your particular case.
What are the five requirements of a patent in the UAE?
The United Arab Emirates (UAE) has its own patent system, which is administered by the Ministry of Economy. The following are the five requirements for obtaining a patent in the UAE:
- Novelty: The invention must be new and should not have been disclosed or made available to the public before the date of the patent application.
- Inventive Step: The invention should not be obvious to a person having ordinary skill in the relevant field.
- Industrial Applicability: The invention must be capable of being made or used in an industry.
- Non-Exclusionary: The invention must not be excluded from patent protection, such as inventions related to human cloning or processes for modifying the genetic identity of humans.
- Formal Requirements: The patent application must meet the formal requirements of the UAE patent law, which includes providing a description of the invention, drawings (if applicable), and claims that define the scope of the invention. Additionally, the patent application must be filed with the Ministry of Economy and pay the relevant fees.
