– Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights, in force since November 30, 2021.
– Executive Regulations of Federal Law No. 11 of 2021, in force since June 12, 2022.

The Supreme Council of the Gulf Cooperation Council (GCC) in its 13th session held in Abu-Dhabi on December 21-23, 1992, approved the patent regulation for GCC member States (see article covering the “Gulf Cooperation Council“).

– Convention Establishing the World Intellectual Property Organization (WIPO), since September 24, 1974.
– WTO’s TRIPS Agreement, since April 10, 1996.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 19, 1996.
– Patent Cooperation Treaty (PCT), since March 10, 1999.
– The United Arab Emirates are a member of the Patent Regulation of the Gulf Cooperation Council.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since May 17, 2021.
– Strasbourg Agreement Concerning the International Patent Classification, since February 17, 2022.

Applicant: the inventor or his rightful heir; the employer if the patent has been obtained through employment contract; the assignee if the invention has been assigned by an agreement.

Protection for foreigners and nationals not living in the country: any person resident of UAE can file the application.

Naming of the inventor(s): compulsory unless the inventor declares his wish not to be named.

Kinds of protection: the law covers patents of invention, patents of addition, utility models, technical know-how and industrial designs.

Types of patents: PCT national phase, national filing, priority filing and utility model application.

Definition of a patent: any new invention resulting from an innovative idea or innovative improvement, which involves an inventive step and is susceptible of industrial application.

Novelty: an invention shall be considered new if it is not preceded by any earlier technology previously disclosed to the public in writing or orally, through use, or by any other means which have made such invention known before the filing date or the priority date.

Novelty grace period: disclosure of the invention by the inventor or a third party shall not be taken into consideration if such disclosure takes place during the previous twelve months before the filing date.

Not patentable: plant varieties, animal species, or biological methods of producing plants or animals.

Exceptions shall be allowed for the microbiological methods and their products; diagnostic methods; treatments, and surgical operations needed for humans and animals; scientific and mathematical principles; discoveries and methods; guides, rules or methods followed to conduct business or perform mental activities or play games; invention that may lead to violation of the public order or morals.

Product patents: patentable.

Definition of a utility model: a new invention which is capable of industrial application, but does not involve inventive activity sufficient for the grant of a patent.

Right of employee inventors: if a patent has been reached through a joint venture or employment contract, the employer shall be entitled to the patent.

Naming of the inventor: is compulsory unless the inventor declares his wish not to be named.

Territories covered: the whole of the United Arab Emirates, which comprises the Emirates (States) of Dubai, Abu-Dhabi, Sharjah, Ajman, Fujairah, Ras Al-Khaimah and Umm Al-Quwain.

Priority claim: according to the Paris Convention and PCT Regulations.

PCT applications: the UAE Patent Office is accepting applications within the national phase. Time limit (non-extendible) for entering the national phase under both Chapters I and II: 30 months from the earliest priority date.

Filing requirements for an application (to be sent to resident agent):
1. A power of attorney from the applicant, notarized;
2. An extract from the Commercial Register or an extract from the Memorandum of Association if the applicant is a company or body corporate, notarized;
3. Description and claims, both in English and Arabic for PCT applications. The Arabic text can be prepared locally;
4. Drawings;
5. An abstract of the invention of no more than 200 words, together with the best explanatory drawing;
6. A deed of assignment signed by the inventor(s), if the applicant is not the inventor, notarized;
7. A certified copy of the priority application giving the filing date, number and country, if the application is to be filed with a priority claim, or copies of the International Search and Examination Report if the application is filed within the national phase of the PCT.

Minimum requirements to obtain a filing date:
1. Specification in both English and Arabic;
2. Drawings, if any;
3. An abstract of the invention of no more than 200 words, together with the best explanatory drawing both in English and Arabic;
4. Applicant and inventors’ complete details (name, address and nationality);
5. Priority claim, if any.

Terms for filing the missing documents: ninety days from the filing date in the UAE.

Electronic filing: available.

For a change of name or address:
1. Power of attorney, notarized;
2. Change of name or address certificate, notarized.

Examination and registration procedure: the applications are examined according to the Law and Regulations. All patent applications filed as from November 1, 2014, have to pay the examination fees while filing the application if all the formalities are met. Otherwise, the examination fees should be paid within ninety days from the filing date upon completing the formal requirements of the application.

Accelerated examination: available. In the case of refusal the applicant has the right to appeal to the Committee within sixty days as of the date of publication.

Amendments (alterations): possible, before the examination stage is reached.

Divisions: before the parent application is accepted.

Publication: after the grant. Any interested party has the right to appeal to the Committee within sixty days as of the publication date in the Official Gazette.

Delivery of document: the patent certificate is issued in digital format only.

Duration of protection: for patents, twenty years from the national filing date for non-priority and priority applications and from PCT filing date for national phase applications. A utility certificate is valid for ten years.

Annuity: annuities are to be paid within six months of the anniversary of the PCT filing date for national phase applications and on the anniversary of the national filing date of the non-priority and priority applications.

Annuity grace period: total six months from the due date (first three months without surcharge and latter three months with a surcharge for each month). It is no longer possible to pay the annual fees in advance to cover the whole or a part of the validity period. It has to be paid yearly. Non-payment of annuities within the grace period will result in lapse of the application. However, the patent application can be restored upon payment of restoration fees of U.S.$ 1,330. 

Marking – text of marking: not provided for.

Effects of registration: the holder of the patent or utility certificate is entitled to prevent others from manufacturing, importing, selling, and offering for sale of a product made under that patent.

Prior use: is recognized and the prior user has the right to go on with using the patent, but this right is not transferable.

Assignment: possible; documents: deed of assignment signed by both parties (notarized), an extract from the Commercial Register attesting the existence of the assignee (notarized), a power of attorney (notarized).

Joint-ownership: a single owner among joint proprietors of a patent has the right to individually assign his share to a third party. However, the proprietors can jointly grant a license to third parties.

Compulsory license: a compulsory license in respect of a patent is granted to any interested party after the elapsed time of three years from the grant of the patent, provided the invention has not been worked in the United Arab Emirates, or use does not cover the demands of the United Arab Emirates, or the owner of the patent refuses to license it under contract on fair terms. The corresponding period for granting a compulsory license to a utility model is three years as of the grant of the utility model.

Working: the invention should be worked within three years from the grant or else it is subjected to compulsory license. Importation of a product made under the patent is not considered as use.

Expropriation of patents: is applicable upon a decision by the Minister. It is possible to expropriate the ownership of a patent if the invention has importance in serving the welfare of the public, national defense or economy.

Cancellation – nullification of a patent registration: according to Article 34, all interested parties may turn to the competent court to ask for nullification of the patent, the utility certificate or the compulsory license. Moreover, the owner of the patent, the utility certificate and the compulsory license and all related parties shall be notified in the following cases: (1) if the patent, the certificate or the license is granted without the fulfillment of the conditions cited in such law or the bylaws thereof; (2) if the patent, the certificate or the license is granted without compliance with the priority of the previous applications according to Article 11 of such act. Moreover, the nullification application may be restricted to a part of the patent, the certificate or the license and in such case the issued judgment shall be deemed a limitation to the rights authorized.

Secret inventions: a patent or utility model cannot be secret; but an invention can be regarded as secret if it relates to national defense.

Technical know-how: is protected from any unauthorized use, breach or disclosure.