| Q1) What is the legal base for registration and protection of patent rights in U.A.E.? |
| A1) The Federal law No. 17/2002 on the Regulation and Protection of Industrial Property, Patents and Industrial Designs |
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| Q2) What are the subjects exempted from patentiblities in U.A.E.? |
| A2) a. Plant varieties, animal species, or biological methods of producing plants or animals. Exceptions shall be allowed for the microbiological methods and their products. b. Diagnostic methods, treatments, and surgical operations needed for humans and animals. c. Scientific and Mathematical principles, discoveries and methods. d. Guides, rules or methods followed to conduct business or perform mental activities or play games. e. Invention that may lead to violation of the public order or morals |
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| Q3) Does the U.A.E. protect utility models? |
| A3) Yes. A utility model may be protected for 10 years |
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| Q4) Is absolute novelty required for granting a patent? |
| A4) Yes |
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| Q5) Is U.A.E. a PCT country? |
| A5) Yes |
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| Q6) Are the requirements for entering a PCT application into the national phase different from those of filing an ordinary application? |
| A6) The requirements are almost similar. Please consult the U.A.E. page on this website |
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| Q7) Is there any grace period for filing the supporting documents? |
| A7) Yes. 90 days from the date of filing. This grace period is unextendable. |
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| Q8) Does the U.A.E. law grant joint patent rights? |
| A8) Yes |
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| Q9) Are patent applications examined for both formality and substance? |
| A9) Yes |
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| Q10) How long does an application takes before it is examined? |
| A10) In view of the large work backlog of pending patent applications, it would now take for more than 4 years for a patent application to be examined. |
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| Q11) What is the term of validity of a letter patent? |
| A11) 20 years from the application date. |
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| Q12) When shall an annuity be due for payment for a patent application? |
| A12) In the case of ordinary application the annuities will be payable with effect from the second year of the date of filing. However, in the case of a PCT application, the annuities will be payable as from the date of first anniversary of the international application. Under U.A.E. law, it is possible to pay the annuities in advance for all pending patent application at the beginning of the year or for the entire validity term of the application/patent (i.e. 20 years). |
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| Q13) Is there any grace period allowed for late payment of annuities? |
| A13) Yes. There is a period of six months in total. An annuity may be paid within the first 3 months without any fine, while a late annuity payment fine will apply for the second three months. |
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| Q14) Is it possible to reinstate a patent application after it has lapsed because of non-payment of an annuity or being withdrawn by the applicant? |
| A14) No. There is no any provision or remedy under U.A.E. law to reinstate such application |
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| Q15) Is it possible to assign patent applications? |
| A15) Yes |
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| Q16) When should a request for substantive examination be filed? |
| A16) A request for such examination is not required or necessary. The Patent Office will notify us once a substantive examination of an application becomes due |
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| Q17) Is it possible to conduct official availability searches for patents in U.A.E.? |
| A17) It is not possible to do so at present. However, we have the possibility to carry out search in our own database for patent applications which have been published. |
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| Q18) Is working of an invention mandatory? |
| A18) Yes. Within 3 years from the grant date. |
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| Q19) Does the U.A.E. Patent Law provide for compulsory licensing? |
| A19) Yes |
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| Q20) Is it possible to file a criminal legal action for patent infringement? |
| A20) This is possible only in the case of registered patents. However, in the event of an infringement of an unregistered patent a civil suit may be filed based on the principle of unfair competition or other general law provisions. |
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| Q21) Does your law provide for the possibility of lodging opposition against patent application? |
| A21) Yes, it is possible for interested third parties to file oppositions within 60 days from the publication date. |
