To safeguard the lasting value of your innovations in the UAE, take a proactive approach to maintain your Patents. Once granted, follow specific timelines and rules set by the MoEc to ensure ongoing protection of your intellectual property.
This includes paying maintenance fees on time and following any extra rules for Patent upkeep. By staying watchful and meeting these responsibilities, you not only keep exclusive rights to your invention for its duration, but also help create a strong intellectual property scene in the UAE. Regularly check if the Patent fits your strategic goals and adjust to any changes in business or the market for the best long-term impact.
The key part of maintaining Patents is paying the yearly fees. These fees are due to the Development of Innovation in the Economy and Patents Department (DIEPD) at MoEc at the start of each year of protection, beginning from the year after you filed the application.
If you don't pay the fees within 9 months from the first grace period of 3 months, the Patent will permanently lapse. It's important to pay these fees even while the application is still being processed.
Fees vary based on the below:
AED 100-2,000 per year for SMEs and Academic Institutions depending on year of protection.
AED 200-4,000 per year for any other type of applicant depending on year of protection.
MoEc provides various services for maintaining your Patents. You can find them on their Patent and Industrial Design Portal under the Modification & Maintenance Service dropdown menu in the Services section.
List of Services:
Modification & Maintenance Services
Pay Annual Fee
Register Pledge
Ownership Change and Owner Type Change
Terminate Pledge
Owner Data Modification
Voluntary Withdraw / Abandon
Inventor Data Modification
Request Post-grant Re-examination
Submit Amendment and Missing Documents
Submit Post-grant Amendment
Request Restoration of Application
Appeal To Committee On Post-grant Reexamination Result
Apply for Express Examination
Appeal To Committee On Rejection
Register License
Designate, Dismiss Agent
Terminate License
Resign From Agent
Document Services & E-Service Conversion
Document Services (Extract, Re-Issue Certificate etc.)
Request Copy of Application for Priority Claim
Agent (For IP Attorneys only)
Apply for Agent Registration
Renew Registration of Industrial Property Agent
Enforce Your Rights
Generally, protecting your Patent is a proactive effort that you can do on your own or with legal help. Catching out potential infringements early is key to stopping others from using or replicating your invention.
IP Attorneys can be hired to survey the market and look out for any potential infringement cases, allowing for quick and efficient action where needed. When they spot a case, you will be informed and asked about the course of action you’d like to take.
Here are the likely steps that can be taken to safeguard your Patent(s):
Market Surveillance Done by Yourself or an IP Attorney on Your Behalf
Identify Potential Infringements
Analyze Infringement Claim Under the Following Grounds - this Step is Necessary to Make a Strong Case to the Authorities:
• Manufacturing or using the product
• Offering the product for sale
• Selling the product
• Importing the product
Seek Legal Action - Likely Through an IP Attorney
• Issue a cease and desist notice - this is a legal document that informs the infringer of your Patent rights. Doing this can help avoid escalating the issue to a legal case.
• If this fails, consider court proceedings and whether this suits your strategy.
Attend Court Proceedings With your Research and Case Prepared for Judicial Review
Court Decision Enforced
Where to Enforce Your Rights
There are a number of Government entities that have a role in infringement and enforcement cases
in Dubai. These include: Dubai Courts, Federal Court and DIFC.
The UAE follows civil law. There are no specific Patent courts, but within the Federal Court system in Abu Dhabi, there's a judicial circuit where judges receive training in IP.
In the case of Dubai Courts, cases typically start in the Court of First Instance, with appeals going to the Court of Appeal. Legal questions can be taken to the Court of Cassation.
Cases are similarly handled in all the other Emirates. Dubai, Abu Dhabi and Ras Al Khaimah have their own local courts for civil cases. While the remaining Emirates handle cases through the Federal Court in Abu Dhabi.
Dubai has a free zone which can also handle IP cases, DIFC. If a party is in this zone - the infringement happens there - or in the case both parties agree, the case can go to the common law courts of DIFC, where proceedings are in English.
The procedures for these courts are similar to those of Dubai Courts. The key distinction between each is that local courts require cases to be in Arabic, while DIFC requires cases to be in English.
Commercialize
Your Patent
Realize the value of your inventions in the UAE by getting into the business side of Patents. Turning your Patented inventions into actual market assets is what commercialization is all about. Whether through licensing, partnerships, or creating your own products, commercializing Patents lets you use your inventions to help your business grow.
In the lively market of Dubai, smart ways of commercializing Patents can boost your presence, bring in more money, and leave a lasting impact on the ever-changing world of innovation and industry.
In Patent licensing, all parties involved get complete information to decide the terms of the licensing agreement. This includes how exclusive it is, where it can be used, and the overall agreement scope.
To ensure fairness, there are guidelines in place to protect both the licensor and licensee:
The license agreement can't be longer than the remaining time the Patent is valid.
All Patent license agreements must be signed and notarized by a notary public,
with all appointed signatories present.
All Patent license agreements must be legally translated into Arabic.
Connect with our trusted IP Attorneys to include IP in your business strategy. You might be surprised how much IP your business has.
Prominent UAE IP Attorneys explain:
"Many people have IP sitting in their drawers; for example, your business plan is an IP, the way you do business internally, your policies, and how you direct your employees are all considered IP."
An important point to highlight is the concept of Compulsory Licenses. According to Article 25 of the Legislation, if a Patent owner does not exploit, or adequately exploit, the Patent in the UAE within 3 years of it being granted, either directly or through a licensee, a third party can request a Compulsory License to use the Patent. Provided the requirements are met and there is no legitimate reason for the Patent not being exploited in the UAE, it becomes very difficult for the Patent owner to prevent a Compulsory License from being granted by the authorities—even if it is to their biggest competitor. If the Patent owner stops using the granted Patent commercially or fails to assign it to an eligible party for commercial use, the Patent may be assigned to someone else through Compulsory Licensing. This occurs when Patent owners refuse to use or license the Patent, and a qualified judicial body may issue a Patent license if the conditions support it.
