Maintaining Your
Utility Model
To protect your inventions in the UAE, actively maintain your Utility Model. Follow MoEc's guidelines, paying fees on time and meeting other requirements. This ensures ongoing intellectual property protection.
By staying vigilant, you keep exclusive rights to your invention for its duration and support Dubai's intellectual property landscape. Regularly review your Utility Model's alignment with your goals and adjust as needed.
The key part of maintaining Utility Model 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 Utility Model 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 to AED 2,000 per year AED for SMEs and Academic Institutions depending on year of protection.
AED 200 to AED 4,000 per year for any other type of applicant depending on year of protection.
MoEc provides various services for maintaining your Utility Model. You can find them on their Patent and Industrial Design Portal under the Modification & Maintenance Service dropdown menu in the Services section. Here's a list of services related to maintaining your Utility Model:
Patent and Industrial Design Portal
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
Appeal to Committee on Post-grant Re-Examination Result
Request Restoration of Application
Submit Post Grant Amendment
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 Service (Extract, Re-Issue Certificate, etc.)
Agents (For Agents Only)
Renew Registration of Industrial Property Agent
Apply for Agent Registration
Modify Agent
IP Information Services
Industrial Property Digital Library
Online Publication
View the Official Announcement
Generally, protecting your invention is a proactive effort that you can do on your own or with legal help. Here are the likely steps that would be taken to safeguard your Utility Model.
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 Utility Model rights:
Market Surveillance Done by Yourself or an IP Attorney on Your Behalf
Identify Potential Infringement
Analyze Infringement Claim Under the Following Grounds:
• 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 Utility Model 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
Enforcing your rights is a complex matter. We recommend that you seek help from an IP Attorney. They have the expertise and experience to carry out all the steps on your behalf. Doing so can also prevent the situation from lingering for an extended period of time, which can be costly to your business.
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 Courts and DIFC.
The UAE follows civil law. There are no specific IP 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.
The UAE has two free zones with their own courts: DIFC and Abu Dhabi Global Market (ADGM). If a party is in these zones - the infringement happens there - or in the case both parties agree, the case can go to the common law courts of DIFC and ADGM, 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 and ADGM require cases to be in English.
Commercialize
Your Utility Model
Realize the value of your invention in UAE by getting into the business side of IP. Turning your Utility Models into actual market assets is what commercialization is all about. Whether through licensing, partnerships, or creating your own products, commercializing Utility Models lets you use your invention to help your business grow.
In Dubai's vibrant market, clever strategies for commercializing Utility Certificates can enhance your presence, increase revenue, and make a lasting impression on the dynamic landscape of innovation and industry.
In 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
Utility Model is valid.
All license agreements must be signed and notarized by a notary public, with all appointed signatories present.
All 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 Utility Model owner does not exploit, or adequately exploit, the Utility Model in the UAE within 3 years of it being granted either directly or through a licensee, then it is possible for a third party to request a Compulsory License to use the Utility Model. Provided the requirements are met and there is no legitimate reason for the Utility Model not being exploited in the UAE, it is very difficult for the Utility Model owner to stop a Compulsory License from being granted by the authorities – even if it is to your biggest competitor.
