It takes creativity, skills, and entrepreneurial spirit to start up a business along with the challenge and experience. It takes courage and hard work to keep the business going on even when you are facing complex challenges that you are unable to overcome.
But that is not the only problem with the businesses in the market, protecting one’s business is also one of the major roles that an owner of the company is to take care of.
To protect your business, you need to take some measures and follow the guidelines given by the government of UAE.
One of these measures is filing for patent protection, so without wasting any time let’s get further into the article and know how to file for a patent, where to file a patent, and all the steps and documents you need while you are filing for a patent.
What is Patent Registration?
Registration of a patent in simple words is the legal process by which the owner of the company or the inventor secures his/her product/s or company.
A patent provides exceptional rights enabling the owner or the inventor to prevent other competitors from using, selling, marketing, or even importing the products without the owner’s permission.
To apply for a patent you are required to apply for it in the United Arab Emirates (UAE) and the file patent in UAE is granted by the Ministry of Economy’s Patent Office.
Though the process can be complex and lengthy, still it is a crucial step you need to take to protect your business and rights. The patent gives you rights to use, manufacture, sell, and even export your product for a certain period.
What are the Points to Remember When Filing For a Patent?
There are a few things you need to keep in mind when you are applying for a patent in the UAE which is administered by the Ministry of Economy.
1. Novelty: Your product or your invention should be new and not be disclosed to anyone either your friend or the public before the patent is granted to you.
2. Inventive Step: The invention should be unique and not be obvious having ordinary skills in a relevant field.
3. Industrial Applicability: The intention should be capable of being introduced, made, and used in the industry.
4. Non-Exclutionary: The invention should not be excluded from the patent protection related to human cloning or processes for modifying the generic identity of humans.
5. Formal Requirements: Your patent application should carry and meet all the formal requirements that are required by the UAE patent law, which include a description of the invention or the product and the scope of your intention along with the patent application filed with the Ministry of Economy and the relevant fee payment.
Who Can Register a Patent in UAE?
According to the law under UAE, the following persons can register for the patent:
- Natural persons residing in the UAE
- Legal persons residing in the UAE
- Natural persons not residing in the UAE
How to Apply For a Patent In UAE?
Applying for a patent is an easy process but only if you have all the documents ready at your hand, but if you don’t have them ready then it might take longer than it usually takes.
The process may even delay more if you do not know the whole process of filing for a patent.
Step 1: Conduct a Patent Search
Conduct a patent search before you get started with applying for the patent application. Do thorough research work and make sure that your invention or product is unique on its own and that there is no other similar invention like yours present in the UAE.
You can search for your patent availability in the database of the UAE Patent Office online or even take help from a patent attorney.
Also Read: How To File A Patent For New Business In UK
Step 2: File a Patent Application
Once you are done with the patent search you are free to get started with the filing of the application.
The application should have a detailed description of your invention and if possible it should contain a diagram or any drawing.
For Online Applications Follow The Process:
1. Firstly, visit the Ministry of Economy’s website at moec.gov.ae
2. Click on eServices
3. Now, click on Register Patents and Start the Service
4. Then, log in with your UAE pass account or create a new one
5. Lastly, start filing your patent
Step 3: Pay the Patent Filing Fee
The patent application fee varies for individuals and companies in the UAE. In 2021, a new application fee requires AED 1,000 for individuals and AED 2,000 for companies.
In addition to the application fee, applicants may also request a search, and the first examination and second or third examination of their patent application incur a fee of AED 7,000 and AED 5,000 will be charged for each request, for both individuals and companies.
Once the patent has been checked and examined for its eligibility then you can apply for first publication and if you are unsatisfied then you can also apply a grievance, both do not apply any application fee here.
Step 4: Wait for the Examination
After you have submitted your patent application fee you are required to wait for your application to be reviewed by the UAE Patent Officials.
The review of your patent can take months, it sometimes can take even a year or more depending on the workload and the number of patents the officials receive to view.
During this period you will receive notice if something is missing from your patent and you will have to fulfill their requirements in need.
They may even ask you for additional information if they feel that the given information is not meeting the requirements.
Step 5: Grant of Patent
The legal examination of your patent can take up to 7 months after you have paid the application fee and can take 48 months to receive the result of your patent.
A patent requires several payments that could go up to AED 2,000 to AED 12,000, depending on the type of application you have applied for.
An additional publication fee is also required to pay for your patent after your invention has been approved by the officials.
If your patent application is approved, the UAE Patent Office will send you the certificate of your patent.
The length of a patent can vary here, the most common length is for 10 years and some can be of 20 years depending on what type of patent you have applied for.
Brief Step-by-Step Procedure For Getting a Patent
- Fill in the application form through the system
- Payment of service fees
- Verification and legal examination of the application and submitted documents by the department’s employees
- Notifying the applicant of the outcome of the formal and legal examination of the application through the system
- Invitation to the substantive examination
- Request substantive examination and payment of fees
- Review by the technical examiner
- Examination report issued by the examiner
- Payment of publication fees
- Patent registration
- Publication released
- Certificate issuance
Conclusion
So in this article, we have learned that a patent is an essential element to protect your invention and your business, if not and someone else gets the patent on the same name this could lead to legal consequences if not serious.
Do remember to do a thorough search before applying for your patent application and prepare a detailed and convincing document supporting your invention fulfilling all the necessities so that when your application is being viewed by the patent official your application does not get delayed by anything.
Ensure to make the payment on time so that you do not have to wait for long to get your patent ready and never show or make it public before your patent gets approval from the Patent Official in the UAE.