Patent
Patent Prosecution and Litigation:
We have a deep understanding of the patent application and litigation process, and we are committed to helping our clients obtain and defend their patents.
UAE is a member of a number of international bodies, namely:
- WIPO Convention, since September 1974.
- Paris Convention (Industrial Property), since September 1996.
- PCT (Patent Cooperation Treaty), since March 1999.
- WTO Member and Signatory to TRIPS Agreement, since April 1996.
- Gulf Cooperation Council (GCC), effective November 1998.
Patent
Filing the Application
Patent Application can be filed under Individual Name and or Company Name.
The required document for patent application
- A power of attorney duly legalized
- If the applicant is a company, a duly legalized extract from the Commercial Register or the Memorandum of Association must be presented
- A copy of the English specification and claims with its Arabic translation
- A set of drawings related to the invention
- An abstract of the invention
- A duly legalized deed of assignment signed by the inventor, in case the applicant is not the inventor
- A certified copy of the application that shows the filing date, number and country in case of claiming priority;
Examination of the application
The ICPR examines the application in accordance with the law as to formal and substantive examination.
After the patent application is approved, the patent will be granted and published in the UAE’s Official Gazette.
The patent is valid for 20 years from the official filing date, and cannot be extended beyond this period.
PCT APPLICATION
The time limit for the UAE PCT national phase entry is 30 months from the priority date.
Filing Requirements for PCT National Phase Patent Applications:
- A power of attorney duly legalized
- If the applicant is a company, a duly legalized extract from the Commercial Register or the Memorandum of Association must be presented
- A duly legalized deed of assignment signed by the inventor, in case the applicant is not the inventor
- Copy of the PCT publication along with international Search (ISR) and Examination Reports (IPER)
- Copy of an Arabic translation of the abstract, specification, claims and drawings related to the invention
Examination of a PCT national phase entry application in the United Arab Emirates
After submitting all necessary documents, the Patent Office will proceed with a formal examination, if accepted a formal examination notice is issued and a request for the settlement of the examination within 90 days of receiving notification.
Upon settlement of the examination fees, the application is forwarded to for substantive examination.
Upon acceptance, the application will be published in the Official Gazette. There is 60 days period for any interested party’s opposition. In absence of any opposition, the letters patent is issued.
Maintenance fees (Annuities)
Request for payment of the annuities should be made within three months before the due date or within three months from the due date without any surcharge, an extension for further three months is possible upon payment of a surcharge
Duration of registration procedure
If the prosecution process goes smoothly, it takes an average of 2 years to obtain a patent in the UAE.
Utility models
Utility models are granted for new inventions that have industrial applications, but do not meet the inventive step requirement for patent protection.
The same processes and procedures are used to grant utility models as patents, but utility models have a shorter protection term. the maximum protection period for a utility model is 10 years from the date of filing subject of annuities payment.