United Arab Emirates Patent Service Charges.
Kindly note that the charges quoted herein are all inclusive, and there will be no other charges in the normal cases. However, our charges do not include expenses that may subsequently be charged for the legalization of supporting documents, reporting and responding to official actions, extra publication required by the concerned authority, or any other incidental charges that may be incurred during the registration procedure, and may be subject to increases due to changes in the official fees or exchange rates.
The United Arab Emirates Patent Law
Federal Law No. 44 for the year 1992 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs was replaced by Federal Law No. 17 for the year 2002 and later amended by the Federal law 31 for the year 2006. As per the last issued law, protection period for patent is 20 years and for Utility Certificate is 10 years. No extension of this term is allowed in the UAE.
A patent granted under the Federal law of the United Arab Emirates provides protection in the seven emirates namely Abu Dhabi, Dubai, Sharjah, Fujairah, Ras-Al-khaimah, Umm-Al-Quwain and Ajman.
UAE is a member of a number of international bodies, namely:
? WIPO Convention, since September 1974.
? Paris Convention (Industrial Property), since September 1996.
? PCT (Patents), since March 1999.
? WTO: Member and Signatory to TRIPS Agreement, since April 1996.
? Gulf Cooperation Council (GCC), effective November 1998.
The United Arab Emirates is covered under the Gulf Cooperation Council (GCC) which also covers IP protection in Kingdom of Saudi Arabia, Kingdom of Bahrain, Sultanate of Oman, State of Qatar and State of Kuwait.
Patents are granted in UAE if the applications meet the criteria of Novelty, Inventive Concept (also known as Non-obviousness) and Industrial applicability.
NOVELTY: Although the UAE Patent 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 the new invention has no precedence in the industrial prior art which means that the invention was not 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.
INDUSTRIAL APPLICABILITY: The invention can be used on an industrial level.
NON- OBVIOUSNESS: The invention should have technical development which is not obvious to any skilled person related to field of technology to which the invention belongs.
All patent applications filed at the UAE Patent Office are subject to substantive examination and are bound to meet the above mentioned patentability criteria for receiving acceptance by the Patent Office.
The examination of Patents is conducted by the Austrian Patent Office through a special agreement between them and the UAE Patent office and a request for examination is possible only after receiving notification from the UAE patent office informing that the application has reached the examination stage.
The administration shall notify the applicant should the application be rejected and the applicant may file a petition to the competent committee within a period of 60 days as of the date of notification.
Upon the decision of the Minister of Economy for accepted applications, the letters patent and utility certificates shall be issued and published in the Industrial Property Journal.
Any interested party may file an objection thereon to the competent committee within a period of 60 days from the date of publication. The letters patent or the utility certificate shall be issued to the applicant if no objection has been filed during the specified period.
According to the UAE Patent Law, annual maintenance fees are due on the anniversary of the International filing date for the national phase of PCT applications and on the anniversary of the national filing date for non-PCT applications (including both priority and non-priority applications). The annuities can be settled within three months from the due date without any consequences and an extension of another three months is allowed for settling the due annuities with a surcharge.
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 Industrial Property Journal.
Working of patents in the UAE is an official requirement. If the owner of a patented invention does not satisfy the stipulated working requirements within 3 years from the issuance of the letters patent, or the owner refuses to license it under a contract of fair terms, the patent will be subject to compulsory licensing under the provisions of the law.
Technical know-how is protected from any unauthorized use, breach or disclosure. Infringement of the owner’s rights is punishable under the provisions of the law.
P1: Does filing a patent application in UAE provide protection in all Gulf countries?
No, filing a patent application in UAE will provide protection in seven emirates namely Abu Dhabi, Dubai, Sharjah, Fujairah, Ras-Al-khaimah, Umm-Al-Quwain and Ajman.
P2: What is not patentable in UAE?
According to UAE Patent Law Article No. 6(1) No letters patent or utility certificate shall be issued for the following:
a. Plant varieties, animal species, or biological methods of producing plants or animals. Exceptions shall be allowed for the microbiological methods and their products.
b. Diagnostic methods, treatments, and surgical operations needed for humans and animals.
c. Scientific and Mathematical principles, discoveries and methods.
d. Guides, rules or methods followed to conduct business or perform mental activities or play games.
e. Invention that may lead to violation of the public order or morals.
P3: Are utility models granted protection in UAE under the Current Law?
Yes and the protection period is 10 years from the filing date of the application.
P4: Is there a novelty requirement? Is it local or worldwide?
Yes, worldwide novelty is required.
P5: Is the patent protection available for software alone, or must the software be combined with the hardware?
No, unless it is combined with any hardware that does not operate without the software.
P6: Can a registration be obtained for pharmaceutical products?
P7: Is deposition of the biological material/chemical product required by the UAE Patent Office?
P8: Is it possible to file an application without Arabic translation?
No, according to the requirement of patent law it is mandatory to submit the application in both English and Arabic languages.
P9: What are the supporting documents required for filing an application?
- Power of attorney from the applicant duly legalized from the UAE consulate
- Deed of assignment from the applicant dully legalized from the UAE Consulate
- Certificate of incorporation or extract from the applicant duly legalized from the UAE consulate
- Certified copy of the priority document.
P10: What is certificate of incorporation? Is it possible to submit Articles of Association instead of certificate of incorporation for Universities and Governmental entities?
Certificate of Incorporation is an official document which attests the legal existence of the company issued by a competent authority in the applicant’s country or an extract from the commercial register.
Yes, it is possible to submit the Articles of Association for Universities and Government entities and the document should be duly legalized by the UAE consulate.
P11: Is it possible to submit assignment of priority application instead of fresh deed of assignment?
Yes, we can submit an assignment of the priority application as an alternative to the deed of assignment provided that the said document assigns inventor’s right worldwide. In case more than one priority is claimed for the corresponding UAE application then an assignment of each priority is required.
P12: Is late filing of supporting documents possible?
The supporting documents can be submitted while filing the application or within 90 days from the national filing date. No extension is allowed as per the law.
P13: What effects will non-submission of supporting documents will have on the UAE application?
Non-submission of documents within the 90 days grace period will result in irrevocable lapse of the application.
P14: Will Patent Office accept supporting documents legalized by a Consulate other than UAE Consulate?
No, according to the requirements of the UAE Patent Office documents should be legalized from the UAE consulate.
However, if the documents are legalized from any other consulate further super legalization of the documents is required up to the UAE Consulate. Direct legalization is recommended for time and cost effects.
P15: Is Local attestation required of the documents for patent, design and utility applications?
No, local attestation is not required for the supporting documents of the above mentioned applications.
P16: What are the charges for legalization?
The charges for legalization vary from country to country where the legalization is carried out.
P17: Is it required to legalize the priority document?
No, certified copy of the priority document is required for application filed claiming any foreign priority for non PCT applications.
P18: Is it required to submit a certified copy of the priority document for PCT applications?
P19: When will the annuities be due for patent application in UAE?
Annuities are due on the anniversary of international filing date for PCT national phase application and on the anniversary of the national filing date for non PCT application (priority and non priority application)
P20: Are annuities payable only after grant of the Patent?
No. They should be timely settled throughout the term of the patent in UAE starting from the next year of filing the application or from the PCT filing date.
P21: Is there any grace period for the payment of annuity?
Yes, Annuity should be paid within 6 months from the due date. First three months without surcharge and latter three months with surcharge.
P22: Is extension allowed beyond six months grace period for payment of annuity? Any exceptions allowed?
Non-payment of annuity within the above mentioned grace period will result in irrevocable lapse of the application. No exceptions are allowed.
P23: Is it possible to pay the maintenance fees all at once?
Yes, it is possible to pay the annual fees in advance for the entire term till the end of the protection period or in parts thereof.
P24: Does Patent Office send notifications for due/lapsed annuities?
No. The same has to be monitored by client’s agent or annuity service.
P25: Can a patent search be conducted in UAE?
Official search from the Patent Office is not possible. However, we conduct searches from our internal database among published applications.
P26: Can convention priority be claimed “Paris Convention.”?
Yes, within12 months from the date of first filing of the priority application.
P27: Is it possible to enter national phase of PCT application?
Yes, within 30 months from the earliest priority date.
P28: Is it possible to file patent application after the expiry of the deadline of 30 months for PCT national phase or 12 months for priority application?
No and grace period is also not allowed after the expiry of the deadline.
P29: What is the term of protection of a patent and from which date is it calculated? Can it be extended?
Twenty (20) years starting from the UAE filing date, (in case of PCT, starting from the PCT filing date). The term of protection is non-extendable.
P30: Are exclusive marketing rights or anything similar awarded to pharmaceutical patents in UAE?
No. They are treated like any other patents of other fields.
P31: Is a secret form of filing a model/design permitted?
P32: Is Electronic filing possible for filing patent application in UAE?
P33: Does the Patent Office publish the patent applications in the Official Gazette?
Yes, accepted patents are published in the Industrial Property Journal.
P34: Is it possible to obtain the status of the application from the Patent Office?
Yes, but only valid and non valid status enquiry is possible.
P35: Must assignments be recorded within a certain period?
P36: Can the specifications or claims be amended after filing the application?
Yes, but before the application reaches examination stage.
P37: Is working of the invention an official requirement to keep protection in force?
Yes, within 3 years from the grant date.
P38: Is it possible to record a license or registered user as per the patent law?
P39: What are the conditions that might lead to a compulsory license?
As per Article 24(1) of the UAE Patent Law, following conditions will result in compulsory licensing:
a) The non-working period of patent at least three years since the issuance of the letters patent has passed.
b) If appropriate efforts have been put up by the interested party to obtain the license at a reasonable price and under reasonable commercial conditions.
c) If the patentee is unable to meet the basic requirement of the masses.
1. A Power of Attorney duly legalized up to the UAE Consulate.
2. A duly legalized extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate.
3. One copy of the English specification and claims together with its Arabic translation.
4. One set of the drawings relating to the invention, if any.
5. An abstract of the invention of no more than 200 words, together with the best explanatory diagram.
6. A duly legalized deed of assignment signed by the inventor, if the applicant is not the inventor.
7. A certified copy of the application giving the filing date, number and country if the application is to be filed with a priority claim.
Note: Please note that the documents in item (3, 4 and 5) should be submitted at the Patent Office on the filing date of the application, while documents in items (1, 2, 6 and 7) can be submitted within 90 days (strictly non-extendible) from the filing date of the patent application.
For PCT applications entering the national phase in the UAE, a copy of the PCT international publication search and examination reports must be submitted with the application.
1. A Power of Attorney executed by the assignee and duly legalized up to the Consulate of the UAE.
2. A duly legalized deed of assignment executed by both parties.
3. A duly legalized Certificate of Incorporation of the assignee.
Registered User/License Agreement Applications
1. A Power of Attorney executed by the licensee and duly legalized up to the Consulate of the UAE.
2. A duly legalized license agreement executed by both parties.
Change of Name/Address Applications
1. A Power of Attorney in the new name and/or address duly legalized up to the Consulate of the UAE.
2. A legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.
1. A Power of Attorney legalized up to the Consulate of the UAE.
2. For individual merchants, two copies of the following:
a. The commercial permit.
b. The entry in the commercial register.
c. The commercial agency agreement duly legalized up to the Consulate of the UAE.
d. The Arabic translation duly notarized, if the agency contract is not in Arabic.
e. The agent’s entry or identification card.
f. The Powers of Attorney duly notarized.
g. Two copies of the declaration.
1. The originals have to be shown for checking when submitting the application.
2. The application is to be submitted in two copies each one in a separate file.
3. For companies:
a. All that was mentioned above in No. 2 and extracts of entries for all the partners or certificates from the Migration, Nationality and Passports Department stating that they are nationals.
b. Two copies of the Memorandum of Association and Articles of Incorporation duly legalized.