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Patent registration in Dubai, UAE
Patent law in UAE was introduced to protect groundbreaking inventions and innovative technologies thereby supporting the efforts, research work, and cost put by someone in making a new object are also recovered. Besides, the patent registration allows the original inventor to receive all legal credits and benefits of the invention.
Inventing a new product or a process or an innovative procedure to accomplish a particular task might bring you millions or even billions within a period of time. That particular innovative thought process or “spark” serves as the driving force of many established and successful businesses across the globe. The most feasible option to accomplish a particular task or a matter of vital concern can bring a lot of opportunities. And individuals with an entrepreneurial mindset converts this “million dollars” idea into a successful business endeavour. Therefore, this “million-dollar” innovation needs to be protected so that others do not take advantage of the same by replicating the process. And this is the reason why business enterprises need to patent their inventions.
The UAE patent law grants exclusive rights to the individual or entity who is responsible for the particular invention or who can claim the complete ownership of the invention. But certain conditions are to be met before applying for the patent. Irrespective of the field, the particular invention should be the realization of a novel idea. The necessary conditions are:
The invention should carry a scientific elucidation.
The invention should have uniqueness.
The invention’s industrial point of use must be evident.
As a minimum requirement, the invention should find its use in any one of the industries like farming, fish harvesting, service and handicrafts. Once the patent is registered under the Ministry of Economy, it is validity extends for a duration of 20 years.
The utility certificate comes in handy for a special scenario. When the particular invention lacks the merit of innovation but has a valid industrial use, the applicant should apply for a Utility certificate. The validity of the certificate is for 10 years. The certificate cannot be renewed after the completion of 10 years.
Enhanced ROI – As the company enjoys certain exclusive rights, commercialization of the patented product can bring about enhanced Return on Investment.
The inventor gets patent rights – the business establishment acquires the right to utilize and exploit the invention and generate revenue out of it via manufacturing and selling.
Maintain an undisputed place in the market – As the product or invention has been patented, the competitors cannot replicate the same in the market for commercial use. This restricts competition and helps to maintain the flow of revenue. This, in turn, helps the business concern establish itself as a prominent market player.
Adds to the reputation of the company – if a business enterprise has acquired a patent for a particular product, it states that the particular company has the essential expertise and technological know-how to come up with a serious invention. This enhances the market value of the business and becomes helpful in finding investors and promoters.
Selling options – The business establishment that holds the patented product has full rights to either sell the patent or license the use of patented product or technology to another organization. The original patent holder attracts considerable monetary gains in this way.
Plant or an animal species cannot be patented. However, micro-biological procedures and the end-products or derivatives of such procedures are eligible for patent approval.
Procedures related to the treatment of illnesses, surgical manoeuvers or operations cannot be patented.
Scientific or mathematical concepts, principles attract rejection.
Inventions that might disrupt public morals or standards cannot be patented.
The rights enjoyed by the patent holder
The patent holder enjoys certain exclusive rights. Those rights are listed below.
The holder of the patent has the complete authority in connection with production, utilization and sale of the product. In case the invention is linked to a production process, the patent holder enjoys the exclusive rights to conduct that particular process. The right to commercialize the patented product is completely vested in the patent holder. The patent holder is also entitled to restrict all unauthorized commercial exploitation by any individual or entity.
3 D Printer – A 3 D printer is one such patented device. It was patented in 1986, much earlier than expected. A 3 D printer manufactures 3-dimensional objects with the help of a computer-assisted design via a process called additive manufacturing. 3 D printers are now employed to manufacture many complicated constructions and designs.
iPhone – Apple owns the patent for iPhone and is a device that transformed the way people perceived a mobile phone. The way people accessed the internet changed completely with the introduction of iPhone in 2007. Apple witnessed a huge business growth since the launch of iPhone and the rest is part of history. Paperclip – The paperclip in its current form and design was patented way back in 1927. It was an improvement of a previous type of paperclip. Paperclips have a wide variety of uses other than what it is really intended for.
The patent registration process comprises presenting the necessary drawings or designs or reports and the associated documents. The items are listed below.
Patent registration form
- Scientific explanation regarding the invention in both English and Arabic.
- A brief summary of the design or invention
- The information about the design or the invention in both English and Arabic.
- Detailed structural sketch of the invention.
- Commercial registration documents
- Contact information
The first step of patent registration in UAE is to submit the duly filled patent registration form and pay the necessary fees involved. An accepted application must go through a verification process and this is usually a time-consuming process. It may take as long as two years.
An examination is conducted to check whether the invention meets certain norms and standards. After all scrutiny, the MOE accepts the application. The application is then published as a UAE gazette notification. Meantime a 3rd party can raise an objection against the patent approval. A 60 days’ time-frame is allowed for objections.
The MOE hears the objections, if any, and takes the appropriate decision regarding patent approval. If the concluding decision is made in favour of the patent applicant, the applicant is entitled to own the patent of the particular invention.
As already stated, the validity of a patent registered under the MOE of UAE is 20 years.It is mandatory for the patent holder to pay a certain amount of annual fees in connection with ensuring the validity of the patent. There is another important aspect every patent holder should consider.
Patenting a product involves legality and may become complicated depending on the type of invention involved. If asked by MOE, you may have to produce further documents and supporting information regarding patent approval. If you are a business entity or a startup on the path of patenting your innovative design or product in the UAE, get in touch with our experts. Kiltons expert team of professionals will provide all the necessary support and guidelines regarding patent registration in the UAE.