Summary
As per the last Federal Law No. 17 for the year 2002, 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.
GCC: Gulf cooperation council
Patents are granted in UAE if the applications meet the criteria of Novelty, Inventive Concept and Industrial applicability. All patent applications 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.
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.
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.
Requirements:
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.
Assignment Applications
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.
Agency Agreements
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.
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.
