Intellectual Property Filing Insights UAE
A patent is a legal right granted by a government to an inventor, giving them exclusive rights to their invention for a certain period of time. This exclusive right means that others cannot make, use, sell, or distribute the invention without the inventor's permission. Patent filing refers to the process of submitting a patent application to the relevant government authority or patent office. This application includes detailed information about the invention, including its description, drawings, and claims. After filing, the patent office checks if the invention is new, useful, and not obvious. If it meets these requirements, the inventor gets legal protection for their invention.
- New application for individuals: AED 1,000
- New application for companies: AED 2,000
- Request search and first examination for individuals: AED 7,000
- Request search and first examination for companies: AED 7,000
- Request 2nd/3rd examination for individuals: AED 5,000
- Request 2nd/3rd examination for companies: AED 5,000
- Request 1st publication: No fees required (but the payment process must be completed)
- Request grievance and objection (appeal): No fees required (but the payment process must be completed)
To initiate a patent application in the UAE, fees must be paid electronically by both individuals and companies. Mandatory documents, including a comprehensive description, claims, and drawings (if applicable,) must accompany the application in either Arabic or English. Failure to submit all required documents on the filing date allows a 90-day period for completion, after which a penalty is imposed for reactivation.
Afterward, all applications undergo substantive examination by the Department of Industrial Property at the Ministry of Economy, ensuring compliance with Federal Law No. (31) of 2006 and its executive regulations. Applicants have the right to challenge inspector rejection decisions.
The service fees for filing a patent application are as follows:
- For patent rights to be granted in the UAE, several basic conditions must be met. The invention must be industrially applicable, meaning it has practical use in industry. Furthermore, it must be novel and unknown to the public before the filing date. The invention must also involve an inventive step, indicating it is not obvious to someone skilled in the relevant field. It’s important for patent specifications to be drafted clearly, providing sufficient technical disclosure to allow a person skilled in the art to understand the invention.
- The documentation required for patent filing varies based on the applicant's residency status and whether they are a natural person or a legal entity. Mandatory documents for natural persons residing in the UAE include personal information, claims, detailed descriptions, and drawings, if applicable. Optional documents may include an abstract, depiction, power of attorney, and others. Legal persons residing in the UAE must provide similar documents and additional transcripts. Similar requirements exist for non-residents, with variations based on residency and entity type.
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