01: What is not patentable in UAE?
In accordance with the UAE Patent Law, certain categories are excluded from patent protection. These include plant varieties, animal species, and biological methods for producing plants or animals, with exceptions made for microbiological methods and their products. Additionally, diagnostic methods, treatments, and surgical operations necessary for humans and animals are ineligible for patenting. Moreover, scientific and mathematical principles, discoveries, and methods, along with guides, rules, or methods for conducting business or mental activities, or playing games, are not patentable. Furthermore, inventions that could potentially contravene public order or morals are also prohibited from patent protection.
02: Are utility models granted protection in UAE under the Current Law?
Yes, utility models are eligible for protection under the UAE law. They are afforded a protection period of 10 years from the filing date.
03: Is there a novelty requirement? Is it local or worldwide?
A novelty requirement does exist for patents in the UAE, and it applies on a worldwide basis. This means that for an invention to be eligible for patent protection, it must not have been disclosed or made available to the public anywhere in the world before the filing date of the patent application.
04: Is the patent protection available for software alone, or must the software be combined with the hardware?
Patent protection is not typically extended to software alone in the UAE. However, if the software is intricately combined with hardware and cannot operate independently of it, then patent protection may be considered for the combined invention.
05: Can a registration be obtained for pharmaceutical products?
Yes, pharmaceutical products can be registered for patent protection in the UAE.
06: Is it possible to file an application without Arabic translation?
No, it is mandatory under patent law requirements to submit patent applications in both English and Arabic languages. This ensures accessibility and compliance with local regulations. However, in practice the Patent Office currently allow late submission of the Arabic translation; this may change at anytime.
07: Is late filing of supporting documents possible?
Yes, the UAE Patent Office allows for late filing of supporting documents, provided they are submitted within 90 days from the national filing date. This flexibility offers applicants the opportunity to fulfill necessary requirements within sufficient time.
08: Does the Patent Office require legalization of the supporting documents?
Recent updates have streamlined the submission process for supporting documents to the Patent Office. Previously, legalization was required; now, only notarized documents suffice.
09: Is it required to legalize the priority document
No, it is not required to legalize the priority document itself. However, a certified copy of the priority document is necessary for applications claiming foreign priority for non-PCT applications.
10: Is it required to submit a certified copy of the priority document for PCT applications?
No, certified copies of the priority document are not required for PCT applications.
11: When will the annuities be due for patent application in UAE?
Annuities are due on the anniversary of the international filing date for PCT national phase applications and on the anniversary of the national filing date for non-PCT applications.
12: Is there any grace period for the payment of annuity?
Yes, annuities should be paid within three months from the due date, annuities can be paid thereafter with a surcharge for each 30 days.
13: Can convention priority be claimed under Paris Convention?
Yes, within 12 months from the date of the first filing of the priority application.
14: Is it possible to enter national phase of PCT application?
Yes, within 30 months from the earliest priority date.
15: Is it possible to file patent application after the expiry of the deadline of 30 months for PCT national phase or 12 months for priority application?
No, the Patent Office does not allow any grace period for filing patent application after the expiry of the priority/national phase entry deadlines.
16: What is the term of protection of a patent and from which date is it calculated?
The term of protection is 20 years starting from the UAE filing date (or from the PCT filing date in the case of PCT applications).
17: Are exclusive marketing rights or anything similar awarded to pharmaceutical patents in UAE?
No, pharmaceutical patents are treated like patents in other fields.
18: Can the specifications or claims be amended after filing the application?
Yes, but only before the application reaches the examination stage. Please refer to our schedule of charges for amendment by increasing/decreasing the number of claims.
19: Is working of the invention an official requirement to keep protection in force?
Yes, working of the invention is required within 3 years from the date of patent granting. This will avoid request of compulsory licensing by third parties
20: Is it possible to record a license or registered user as per the patent law?
Yes, for further information on this matter, please contact us.