Patents.
Overview.

Patents cover various inventions, such as products, methods, and processes, including significant improvements to an existing invention. You must describe the details of the invention with the best mode of possible embodiments.

Time to Acquire:

7 to 40 months

Duration of Protection:

20 years

Cost:

Minimum of AED 13,000, excluding professional fees.

Examples of Patents:

A new drug to treat cancer or a process for producing a chemical compound or a suction system for vacuum cleaners, and more.

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What is a Patent?

A Patent grants you exclusive rights to your inventions for a maximum of 20 years from the application date. This type of IP protection encourages innovation and allows inventors to control and benefit from their unique inventions.

In order to obtain a Patent, your invention must be new, non-obvious, industrially applicable and satisfies the UAE’s other legal conditions of Patentability.

Applications in the UAE are handled by the Ministry of Economy (MoEc) and are covered under Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights. Keep in mind that applying through the MoEc will give you protection in the UAE only. If you wish to be protected in other countries or regions, you will need to apply through their IP offices.

To apply for a Patent you must be a UAE citizen or have residency status in the UAE. If you are applying from outside the UAE, a local IP Attorney may apply on your behalf.

Before applying, you should use discretion when sharing information surrounding your invention to prevent unintentional disclosure and maintain a competitive advantage in the market. Do this by making sure you have the right agreements in place to protect it from being disclosed to the public, as failing to do so may lead to your application being rejected or challenged at a later date.

Biodegradable drinking straws crafted from date palm leaves ℗. A Patent granted in 2023 by the esteemed team at United Arab Emirates University, including Dr. Pranay Ranjan, Md. Zishan Akhter, and Jeyaganesh Devaraj.

Before applying, you should keep discretion when sharing information surrounding your idea or invention to preserve its novelty, prevent infringement and maintain a competitive advantage in the market. Do this by making sure you have the right agreements in place to protect it from getting out to the public, as failing to do so may lead to your application getting rejected or being challenged at a later date.

Do You Have
a Patentable Invention?

In the UAE, there are certain conditions for which an invention can be Patented. You should take these into account and assess whether your invention satisfies all the required conditions.
An IP attorney can help you in this assessment.

Use the information below to outline whether your invention meets these requirements:

Novelty:

For an invention to be considered novel, it must not be disclosed to the public before the filing date. Disclosure can occur through any means i.e. through discussions with third parties without an NDA, presentations at a conference, or publication in a journal or online. Something to be aware of is a ‘Novelty Grace Period’.

A Novelty Grace Period allows you to file a Patent application even if you publicly disclosed it before the filing date. The UAE applies a 12-month grace period for public disclosures made by the inventor (or a third party who obtained information directly or indirectly from the inventor). To benefit from the grace period, you would need to file the application within 12 months of the first public disclosure.

This means that even if you talk about your invention before applying, you may still be able to successfully Patent it in the UAE if you act fast. However, not all countries offer a grace period, so while you may be able to rely on it in the UAE, your prior disclosure may impact your ability to protect the Patent outside the UAE.

Inventive Step / Non-Obviousness:

The invention must not be obvious to someone skilled in that field—it should show a level of creativity and not be an obvious improvement of an existing invention.

Industrial Application / Utility:

The invention must have a practical and useful purpose in some industry or field, and not be a theoretical invention.

Patentable Subject Matter:

This refers to the type of ideas that can be eligible for Patent protection. In the UAE, the scope of Patentable inventions is defined by listing what is not Patentable. Each nation has a different set of items that may or may not be Patentable.

The following subject matter cannot be Patented:

— Plant Varieties, animal breeds, or systems for plant or animal production. (Although Plant Varieties can be protected in a different way, head to our page on Plant Varieties to learn more). With the exception of microbiology methods and their products, as determined by the provisions of the rules of implementation.

— Diagnostic, treatment and surgical methods related to human or animal treatment.

— Mathematical principles, discoveries, theories and methods.

— Schemes, rules, or computer programs, or methods used for conducting business, practicing pure mental activities, or a game of play.

— Natural materials, even if they are purified or isolated from nature, with the exception of methods of isolating natural materials or purifying them from the original environment.

— Inventions whose exploitation results in a breach of public order or morals or harm to life, public health, or the environment.

Sufficiency of Disclosure:

The idea must be clearly and completely explained in an application so that someone skilled in that field can understand and replicate it without difficulty.

Drafting Method:

Specifications, especially claims, must be drafted in a clear and concise manner in accordance with the implementing regulations.

Exclusive rights to use and sell

As a Patent owner you have exclusive rights to exploit your invention in terms of use. However it is likely that your invention will build on existing knowledge and technology. Some of this may be proprietary and some may be in the public domain. Make sure to conduct a 'freedom to operate' analysis to ensure you do not infringe on any proprietary third-party technology.

As touched on below, it is mandatory to use the patent once granted. If you do not do so within 3 years of being granted the patent, you may face a request for a Compulsory License from a third party.

Stopping others from using your invention

Owning a Patent for your idea means you can stop others from using it, including sales, offers for sales, manufacturing, and importation. When you spot that someone is doing something similar to your Patented invention, analyze what they are doing, and issue a cease and desist letter. You can take them to court if they do not stop.

Monetizing your invention

Generate income by commercializing your Patent through licensing and sales, where conditions can be set for its use. Patents can also be traded outright for the right fee. You could also develop your Patented products and go directly to market.

Inventions as strategic assets

Patents are valuable strategic assets. They are proof of a company's innovative strength and are intangible assets. They can enhance a company's reputation, help with marketing and facilitate the search for investors. Investors will be motivated to finance your invention if it is Patented. Patents can also give you leverage to access complementary third-party technology through cross-licensing.