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UNITED ARAB EMIRATES
COUNTRY : UNITED ARAB EMIRATES
CAPITAL : ABU DHABI
LANGUAGE : ARABIC
It is to be noted that patents granted by the G.C.C. office shall be valid in all G.C.C. member states – Bahrain, Kuwait, Oman Qatar, Saudi Arabia & United Arab Emirates and shall need no further processing by individual G.C.C. member states. Dual protection by way of patents by National Patent Office and G.C.C. office for the same invention will not be allowed.
Therefore, undertaking has to be furnished stating that national patents granted will be abandoned once patents are granted by G.C.C office.
INTERNATIONAL TREATIES TO WHICH UNITED ARAB EMIRATES IS SIGNATORY
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
- Gulf Co-operation Council – G.C.C.
- Patent Cooperation Treaty
BASICS REGARDING PATENTABILITY OF INVENTIONS IN UNITED ARAB EMIRATES:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
INVENTIONS NOT PATENTABLE IN UNITED ARAB EMIRATES:
Inventions pertaining to the following:
- Inventions in contradiction of Sharia Law.
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Plant or Animal varieties, Bio processes for the production of plants or animals except micro-organisms.
- Any biological process which is essential in producing plants or animals, except non-biological processes or microbiological processes.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in the United Arab Emirates is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN UNITED ARAB EMIRATES:
- Name & Address of the applicant.
- Name & Address of the Inventor.
- Specification comprising a description claims & drawings if any. (iv). Priority Data if any.
- Abstract of the Invention.
- Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
- Evidence of payment of application fee.
- PoA legalised up to UAE Embassy
EXAMINATION OF THE PATENT APPLICATION IN UNITED ARAB EMIRATES:
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal & material aspects.
- Any deficiencies arising are to be complied with by the applicant without changing the essence of the application within stipulated period of time else, patent application is deemed abandoned.
- Patent application is substantively examined, and, objections if any are to be rectified within stipulated period of time.
- Patent application is published to which interested third parties may file their opposition.
- In the event, no opposition/ objections forthcoming, patent application in compliance with all the requisites and formalities is registered and patent granted.
RIGHTS OF THE PATENTEE IN UNITED ARAB EMIRATES:
TERM AND KINDS OF PATENTS GRANTED IN THE UNITED ARAB EMIRATES:
- Patents with a term of 20 yrs.
- Utility Models with a term of 10 yrs .
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN UNITED ARAB EMIRATES:
The patent may grant a compulsory license to a third party to exploit an invention covered by the patent or a layout design of an integrated circuit covered by a certificate of layout design upon an application submitted to it, according to the following:
(1) The application shall be submitted after the elapse of 4 years from the date of filing the patent application or 3 years from the date of granting the patent, whichever expires later, without the owner of the protection document exploiting his invention or with such owner having exploited it in an inadequate fashion, unless the applicant justifies that with a legitimate excuse.
(2) The applicant for the compulsory license must prove that the applicant has exerted over a reasonable period of time efforts in order to obtain a contractual license on the basis of reasonable commercial conditions and for a reasonable financial compensation.
However, this provision and the provision of the preceding paragraph do not apply where the applicant is a government body or a person authorized by it, and the aim is to meet public interest – especially security, health, nutrition or the development of other vital sectors of the national economy – or to meet a state of emergency or other very compelling circumstances, or where the aim thereof is public non-commercial purposes.
In this case, and upon knowledge of the existence of a patent or a certificate of layout design, their holder shall be promptly informed.
(3) The compulsory license is basically granted to make the invention available in the local markets. But this provision does notapply where the aim of the license is to prevent or restrict practices against which a decision or judgment is issued declaring them to be acts of unlawful competition.
(4) The decision granting the license shall specify the scope and term of the license, according to the purpose for which it was granted. The license shall be subject to termination if the conditions for which it was granted cease to exist and their recurrence is not likely, with due regards to the lawful interests of the licensee.
(5) The license shall not be exclusive.
(6) Each application shall be independently decided.
(7) If the compulsory license is related to a patent of semiconductor technology, the purpose of the license shall be for public non-commercial purposes only or to control acts concerning which a decision or judgment is issued declaring them to be acts of unlawful competition.
(8) If the patent involves a significant technological advance with a considerable economic value, which requires the exploitation of another patent, the City may grant that owner of the protection document a compulsory license to exploit the other patent. In such a case the compulsory license shall not be assigned unless the other patent is assigned. The owner of the other patent shall be entitled to a counter license from the compulsory licensee, in accordance with reasonable conditions.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in the United Arab Emirates, can assist you comprehensively with Compulsory Licence matters.