When people come up with groundbreaking inventions and devise cutting-edge solutions by investing their valuable time and money, the next step is to always register a patent. You might be wondering why? Well, it’s because patent registration in the UAE helps you receive all the legal acclamations and monetary benefits of your intellectual property.The guidelines and laws for patent registration vary from country to country, and along the same lines, they’re unique in the Emirates too. The Ministry of Economy (MoE) takes care of the patent registration process in the UAE and inventors get appropriate support from the governing body in case someone breaches the patent laws and misuses their patented property.
What’s a patent and why is it important?
A patent is a legal document that inventors and creators need to safeguard their inventions from prescribed usage. You have the discretion to allow certain people to manufacture or use your product, but they need to acknowledge the same and have a document of consent as proof. However, you should know that only new products, unique inventions, novel discoveries, etc., can be patented.
You need to have the elements of no obviousness, novelty, and industrial applicability to apply for a patent in the UAE. The Intellectual Property Protection Department evaluates whether your patent request matches the required level of industrial applicability or not. Furthermore, you cannot patent medical treatment techniques since it goes against moral values.
It’s important to get a patent for your product or inventions because if you fail to do so and someone else develops the same product, they can have a legal obligation of that finding via a patent. This legal document also protects your work from unethical usage and false reproduction. Therefore, you should get in touch with legal advisors in Dubai and get started with the patent registration process at the earliest to have legal ownership of your inventions.
How to register a patent in the UAE?
Now that you have understood what a patent is and why you need to register for it, here’s a step by step description of patent registration in the UAE:
1. Submission of the patent application form
The patent application should be submitted in both English and Arabic to comply with the requirements established by the jurisdiction. You need to provide accurate information in the form and proofread the same thoroughly before submitting and paying the fees. In case the examining body needs more information, they’ll get in touch with you, and you’ll have to provide the details within the specified timeline.
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2. Application Acceptance
Once your patent is examined by the concerned department, the MoE lists it on the official Gazette of the UAE. Moreover, other people can challenge the patent with their logical arguments, and they have a time period of 60 days to do so. In case they have a valid argument against your patent, your application gets rejected, and you need to re-apply after improving your invention. You can utilize the patent as a key component of your business when you register your company in Dubai.
3. Rejection or approval of the patent
The verdict is passed by the MoE after listening to the opinion of the challenge party and your defense. If it’s rejected, you need to rework your product or drop the idea of a patent in case it’s already patent by some other party. If the governing council doesn’t accept the arguments of the objecting party or you’re able to provide an acceptable justification, your patent gets officially registered.
4. Validity and annual maintenance of the patent
It’s mandatory to use the patent within 3 years from the date of acceptance. Other parties have a window to register the same or similar patent for their invention. Furthermore, the validity of a patent is fixed to 20 years, and there’s no law to renew it. You also need to pay the annual maintenance fee to keep your patent valid and protect it from lapsing. It’s recommended that you should always get in touch with business experts for patent registration in the UAE.
Rights of a patent holder in the United Arab Emirates
Each patent holder enjoys certain legal rights, benefits, and privileges. Some of them include the following:
- The inventor has the right to explore his/her product, bring modifications, introduce newer versions, dump the previous variants, etc.
- The right to manufacturing related to the patent product is strictly reserved with the patent holder only.
- As a patent holder, you also have the right to provide consent for the usage of your intellectual property by providing them the legal authorization to do so. You don’t have to justify why you provided the rights to some people while didn’t provide to others. It’s up to your individual discretion and preferences.
- The patent holders can complain if they find any misuse of their intellectual property, and strict legal action is taken against the guilty.
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Documents required for patent registration in Dubai
Here’s a curated list of documents and certificate that you must possess to apply for a patent in the UAE:
- Corporate bodies need to have an extract from the Commercial Register approved by the UAE Embassy.
- A Deed of Assignment (original or certified copy) document.
- The details of the invention or product including flowcharts, illustrations, descriptions, etc., in both Arabic and English.
- The inventors need to submit a certified copy of the priority document. In case the patent application is submit on priority.
It’s important to understand that all activities and inventions are not patentable. Products or inventions that can potentially harm mankind. Their usual well-being, medical treatment procedures, generic game guidelines, and rules, etc., cannot be patented. Furthermore, mathematical and scientific principles also don’t fall under the patentable category.
Consult with Shuraa
Patent registration in the UAE is a long and tolling procedure that requires a lot of expertise. You need to submit forms and details in both English and Arabic and this can become challenging for ex-pats. Furthermore, there’s plenty of documentation and paperwork involved in the patent registration process. Be it the notarized copies, certifications, or legalized approvals from the UAE Embassy. The process is a bit complex for people who don’t have the right knowledge of these councils. This is where Shuraa Business Setup can be of great help. Our business consultants hold prolific experience in the patent registration domain and know the process inside out. They’ll do all the heavy lifting for you while you take the comfortable back seat and work on your invention. Connect with Shuraa today to take things forward.
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