An invention is the fruit of intellectual effort and a creative idea reached by its author in one of the technical fields, yet its practical value is not complete unless it is granted legal protection that confers on its owner an exclusive right preventing others from exploiting it without permission. The United Arab Emirates has established an integrated legislative framework for protecting industrial property rights, making patent registration a clearly defined path for innovators, entrepreneurs, universities, and companies. In this guide we set out in detail the conditions for granting a patent, the required documents, the registration steps, the term of protection, the owner's rights, and the prescribed penalties, based on the legislation in force in the State.
How Do You Register a Patent in the United Arab Emirates?
Rights and Protection of Innovation
First: What Are a Patent and a Utility Certificate?
The Federal Law on the Regulation and Protection of Industrial Property Rights defines an invention as a creative idea reached by the inventor in any of the technical fields, relating to a product or a method of manufacture, or to both, and resulting in practice in providing a new addition or solving a particular problem in any of these fields. A patent is the title of protection granted by the Ministry over the invention.
Alongside the patent, the Law regulates another protection instrument, namely the utility certificate, which is granted for every new, industrially applicable invention that does not involve a sufficient inventive step to warrant a patent. The owner of an invention may suffice with a utility certificate, and a mechanism is available for converting a patent application into a utility certificate application, or vice versa, in accordance with the controls set out in the Implementing Regulation.
Second: What Are the Conditions for Granting a Patent?
The Law requires three essential elements to be met in the invention for a patent to be granted:
1. Novelty
An invention is new if it has not been preceded by prior industrial technique disclosed to the public in writing, orally, by use, or by any other means, before the date of filing the application or the priority date lawfully claimed.
2. Inventive Step
An invention is deemed to involve an inventive step if it is not obvious in the opinion of a person of ordinary skill in the art, relative to the prior industrial technique connected with the patent application.
3. Industrial Applicability
An invention is industrially applicable if it can be produced or used in any sector.
Grace period for novelty: The disclosure of information by the inventor, or by a third party who obtained it directly or indirectly from the inventor, does not affect the grant of a patent, provided it occurred within the 12 months preceding the date of filing the application.
Third: What Cannot Be Granted a Patent?
The Law specifies cases in which neither a patent nor a utility certificate is granted, namely:
Research and plant or animal varieties, or biological processes for producing plants or animals, excepting microbiological processes and their products in accordance with what the Implementing Regulation specifies.
Methods of diagnosis, treatment, and surgery relating to the treatment of humans or animals.
Principles, discoveries, scientific theories, and mathematical methods.
Schemes, rules, or computer programs, or the methods followed for conducting commercial business, or carrying out purely mental activities, or a game.
Fourth: Who Has the Right to Register a Patent?
The right to an invention belongs to the inventor or to the inventor's legal successor, and the inventor's name is stated in the patent or utility certificate application unless the inventor expresses, in writing, the wish not to have the name mentioned. If the essential elements of the claimed invention were obtained from another person's invention, all rights revert to that person as the original inventor.
Inventions made during the performance of a contract: If the invention is made through the performance of a contract or the like, the right to the invention belongs to the employer unless the agreement provides otherwise.
Right of priority: The filing application may include a request to take priority into account based on one or more applications previously filed in a State that is a party to a convention or treaty signed with the State, thereby preserving the applicant's precedence.
Fifth: What Documents Are Required to File the Application?
A patent application is filed electronically through the competent authority, accompanied by the necessary technical and legal documents, the most prominent of which are:
● The patent application form, with complete particulars.
● The detailed description of the invention.
● The protection claims.
● The drawings or diagrams illustrating the invention.
● An abstract of the invention.
● The power of attorney or assignment document, and the priority document where available.
Sixth: Steps to Register a Patent, Step by Step
1
Filing the application: The application is submitted electronically, accompanied by the required documents and payment of the prescribed filing fee.
2
Formal (legal) examination: The fulfilment of the legal conditions and documents is verified, and the applicant is notified of the result of the formal examination and of any additional requirements to be met, if any.
3
Requesting substantive examination: A request for substantive examination is submitted, with payment of its fees, to begin examining whether the conditions of novelty, inventive step, and industrial applicability are met.
4
Conducting the substantive examination: The competent authority carries out the technical examination and issues its report. Where only minor errors are found in the description, claims, or drawings while the patent conditions are met, the applicant may be invited to amend only the errors indicated, and nothing else.
5
Publication: The publication fees are paid and the application is published in accordance with the Implementing Regulation.
6
Granting the patent: After the procedures are completed, the patent is granted and the title of protection evidencing it is issued.
First-to-file rule: If more than one application is filed for the same invention, only the applicant who filed first is entitled to obtain the patent or utility certificate.
Seventh: What Is the Term of Protection for a Patent and a Utility Certificate?
20
years is the term of protection for a patent from the date of filing the application
10
years is the term of protection for a utility certificate from the date of filing the application
12
months is the grace period for novelty in the case of disclosure prior to filing
Eighth: Rights of the Patent Owner and the Case of Prior Use
A patent affords its owner legal protection for the invention, granting an exclusive right that prevents others from infringing it. Nevertheless, the Law regulates a special case relating to a person who has previously used the invention in good faith, as follows:
If a person, in good faith, manufactures the product or uses the method that is the subject of the invention, or takes serious arrangements for such manufacture or use within the State, before another person files the protection application, or on the priority date lawfully claimed, then that first person — despite the grant of the patent or utility certificate — has the right to continue these same acts without expanding them; and this right of exploitation does not pass to others except together with the establishment benefiting from it.
Ninth: What Are the Penalties for Infringing a Patent?
Without prejudice to any more severe penalty provided for by any other law, a penalty of imprisonment and a fine of not less than AED 100,000 and not more than AED 1,000,000, or either of these two penalties, shall be imposed on anyone who:
— submits documents or gives incorrect or forged information to obtain a patent, a utility certificate, an industrial design, or a layout-design of an integrated circuit.
— imitates an invention or a method of manufacture, or deliberately infringes any right protected by the Law. The court may order the confiscation of the items that are the subject of the violation.
Tenth: Which Authority Is Competent to Register Patents?
The authority concerned with registering and protecting industrial property rights in the State is the Ministry of Economy, where the department concerned with industrial property is responsible for registering all the rights provided for in the Law within the State, and the registration application is submitted electronically through the Ministry's official website.
Frequently Asked Questions on Patent Registration in the UAE
What is the difference between a patent and a utility certificate?+
A patent is granted for a new, industrially applicable invention involving an inventive step, whereas a utility certificate is granted for a new, industrially applicable invention that lacks the inventive step sufficient to warrant a patent. The term of protection differs between the two.
How long is the term of patent protection in the UAE?+
The term of patent protection is 20 years from the date of filing the application, while the term for a utility certificate is 10 years from the date of filing the application.
Can a computer program be registered as a patent?+
No patent is granted for computer programs, nor for schemes, rules, or methods followed for conducting commercial business, carrying out purely mental activities, or games — these fall among the cases the Law has excluded from protection by a patent.
What is meant by the inventive step?+
An invention is deemed to involve an inventive step if it is not obvious in the opinion of a person of ordinary skill in the art, relative to the prior industrial technique connected with the patent application.
Does disclosing the invention before filing affect its registrability?+
The grant of a patent is not affected by the disclosure of information by the inventor, or by a third party who obtained it directly or indirectly from the inventor, if it occurred within the 12 months preceding the date of filing the application.
Who owns an invention made by an employee in the course of work?+
If the invention is made through the performance of a contract or the like, the right to the invention belongs to the employer unless the agreement provides otherwise.
What is meant by the right of priority in patent registration?+
The filing application may include a request to take priority into account based on one or more applications previously filed in a State that is a party to a convention or treaty signed with the State, thereby preserving the applicant's precedence in filing.
Can a utility certificate application be converted into a patent, or vice versa?+
Yes, a mechanism is available for converting a patent application into a utility certificate application, or vice versa, in accordance with the controls and conditions set out in the Implementing Regulation of the Law.
What happens if two persons file an application for the same invention?+
If more than one application is filed for the same invention, only the applicant who filed first is entitled to obtain the patent or utility certificate.
What is the penalty for imitating a patent-protected invention?+
A penalty of imprisonment and a fine of not less than AED 100,000 and not more than AED 1,000,000, or either of these two penalties, is imposed on anyone who imitates an invention or a method of manufacture, or deliberately infringes a right protected by the Law, and the court may order the confiscation of the items that are the subject of the violation.
Which authority is competent to register patents in the UAE?+
The Ministry of Economy is the authority concerned with registering and protecting industrial property rights within the State, and the registration application is submitted electronically through the Ministry's official website.
Legal References
● Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights — Federal Law.
● Cabinet Resolution No. (6) of 2022 on the Implementing Regulation of Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights — Cabinet Resolution (Implementing Regulation).
Specialized Legal Consultation
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS
✓Drafting and legally reviewing patent and utility certificate applications.
✓Following up registration procedures before the competent authority until the title of protection is granted.
✓Protecting industrial property rights and representation in infringement and imitation disputes.
To book a legal consultation, please contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS.
This content is prepared for general legal-awareness purposes based on the legislation in force in the United Arab Emirates, and does not constitute legal advice nor a substitute for it. For precise legal advice on your specific situation, please contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS. In the event of any discrepancy between this English version and the original Arabic version, the Arabic text shall be the authoritative reference.
العربية
Русский
اردو
中文
Français
