PATENTS
United Arab Emirates (UAE) Patent Overview
Patents can be registered in United Arab Emirate (UAE) through the Ministry of Economy. Patents are regulated by the Federal Law No. 31 of 2016 on Regulation and Protection of Industrial Property of Patents, Industrial Drawings and Designs.
Patent protection in the United Arab Emirates is granted for any new invention resulting from an innovative idea or innovative improvement of an invention in all fields of technology, provided that such innovative idea or improvement has a scientific basis and is applicable. The invention will be considered industrially applicable in its broadest term if it is used or used in fields such as agriculture, fishing, crafts and services.
Registration Process
The first step in order to register a patent is the application form to request a grant for a patent. UAE used priority filing. Application must contain the invention concept and all drawings of the invention. Application documents need to be submitted both in English and Arabic.
After the application has been accepted, the second step is the examination. The examination process can take up to two years. During the examination three criteria are evaluated: industrial applicability, non-obviousness, and novelty. More information could be required during the examination process. In case the patent get rejected, the applicant has 2 months in order to have the application re- evaluated. If the patent is accepted, the patent will be published in the Official Gazette of the UAE
Duration
The application in order to obtain a patent could take up to 8 years. If the same patent has been registered in other countries, this could speed up the process.
After a patent has been accepted, the patent is valid for 20 years with no possibility of renewal
TRADEMARKS
United Arab Emirates (UAE) Trademark Overview
The United Arab Emirates (UAE) since September 19, 1996 has been a member of the Paris Convention for the Protection of Industrial Property. UAE uses the Nice Agreement classification of goods and services for the purpose of the registration of marks.
In UAE trademarks are defined by the Federal Law No. 37 of 1992 on Trademarks, which are distinguished form of packs, announcements, patterns, pictures, seals, hallmarks, titles, logos, graphics, figures, letters, signatures, words or names. UAE uses the "class" system for Trademark registration. From the 45 international classes, UAE lows registration of trademarks in 44 classes. Trademarks registration authority in UAE is the Ministry of Economy
Registration Process
After the trademark application is submitted, the Trademark Office could take between 4 to 6 months during the examination. If the examination office is requesting more information, the applicant has 100 days in order to respond. After the trademark has been accepted, it will be published in 30 days. The publication allows other parties to oppose the trademark during the first 30 days. If the trademark does not have any opposition after 30 days it will be ready for registration. The registration certificate can take between 2 to 3 months in order to be issued.
Duration
Trademark registration in UEA is valid for 10 years from the date of filling. The trademark can be renew for another 10 year period after first period expiration. There is a 3 month grace period in case the renovation is not done before the 10 years from the filling date expired.