Patent Registration

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Patent Registration In Dubai

Definition of Patents

Patents rarely matter, but when they matter, they matter a lot.

A patent is a legal document that gives the right or authority of a field of research, an invention or any other processes to a person applying for it. Patent is a powerful tool to revolutionize the technology, change the commercial value of a company, power to course through the rough world full of infringers ready to cash-in on your ideas.

The patent is the right granted to the ‘owner’ of the invention, and it can be anything ranging from product to services. A patent gives its owner the right to prevent others from making, using, importing or selling the invention without owner’s approval.

Patent protects an invention, and grants to the owner the exclusive rights to use his/her invention for a limited period (over 20 years). 

Ex: – Band aid, electric iron, safety pin, ball point pen, telephone etc.

Patents provide incentives to individuals by recognizing their creativity and offering the possibility of material reward for their marketable inventions. These incentives encourage innovation, which in turn enhances the quality of human life. Patent protection means an invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. Patent rights are usually enforced in courts that, in most systems, hold the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

THE DERIVATION

The U.A.E. Patent and Design Law 17/2002 (amended by the U.A.E. Industrial Regulation and Protection of Patents, Industrial Drawings and Designs Law 31/2006), containing 74 articles, was issued to protect industrial property and encourage industrial innovations which are imperative for the economic growth in the U.A.E.

The U.A.E. is a member of the Paris Convention for the Protection of Industrial Property (September 19, 1996) and of the PCT (March 1999).

Patent is protected through registration with the IPPD, Intellectual Property Protection Department under the Ministry of Economy or through the GCC Patent Office of the Gulf-Co-operation Council located in Riyadh, Saudi Arabia.

Patentability Subject matter:-

Novel

The subject matter of the invention should not be known or used by others and different from prior art also not to be publicly disclosed before filing for the protection.

Non-Obvious (Inventive step)

Sufficiently different from that has been used or described before that it may be said to non-obvious to a person having ordinary skill in the area of technology related to the invention.

Utility

The invention should have utility in the field and must serve some purpose of operativeness.

The Ministry of Economy (MOE) of UAE makes out three types of Patent:-
  1. Invention Patent or Letter patent

Invention patents are granted for both process and product patents. It should meet three basic criteria.

Novelty- UAE patent law does not have any requirement of novelty except the term ‘NEW’, its means the invention should not have any superiority in the prior art. Prior art means that the invention is not disclosed to public anywhere at any time whether by written, oral or by use or by other method.

Non Obviousness- The invention should have technical development or improvement over the art and which is not obvious to the person skilled in the art.

Industrial Application– The invention should have utility in the field such as agriculture, fisheries, handicrafts and services.

e.g.:- a device or a system

  1. Utility Model Patent

Utility Model patent is only for Product and not for process. It is creations or improvements relating to the form, construction, or fitting of a product, but not processes.

E.g.:- Process (ex. making a new chemical or a new business method), Machine (ex. camera), Article of Manufacture (ex. carpet), Composition of matter (ex. adhesive)

 

Non Patentability Subject matter

 

Anything which is frivolous.( Ex:- Perpetual Machine)
Method of Exploitation.(Ex: A method of hacking into email accounts)
The mere discovery of a scientific principle.(Ex: E=MC2)
The mere discovery of any new form of a known substance which does not result in the enhancement of the known efficacy of that substance
A substance obtained by a mere admixture. (Ex-Mixture of sugar and colorants in water)
 Presenting information in the form of a graph, a method of growing plants, Cloning of animals, naturally occurring genetic material
Mathematical facts or business method or a computer program per se or algorithms
Method of playing chess, methods for performing purely mental acts
Diagnostic methods, treatments, and surgical operations needed for humans and animals.

 

Process, Time line and Validity involved in the Patent Registration Procedure in Dubai

Process:

  • Prior Art Search (optional)  
  • Application Filing along with legal documents
  • Gazette Publication
  • Examination-Issuance of FER
  • Final submission with response to the FER
  • Acceptance
  • Certificate Issue

Timeline for whole process: 4-5 years

Length of protection: 20 years from the date of filing of the Application

Annual renewal: – Absolutely subject to payment of renewal fees and not being annulled.

Documents required for filing the Patent Application:-

  • Two copies of complete specifications comprising title of the invention, claims and an abstract of an invention in English and Arabic;
  • Two sets of formal Drawings (if any) in English and Arabic;
  • One copy of a priority application in English and Arabic (if filed through the PCT Channel);
  • 1 copy of an international search report and preliminary Examination report (if available), in English and Arabic (if filed through the PCT Channel);
  • If the applicant is a legal entity legalized copy of the corporate constituent documents and a power of attorney

Reasons for seeking Patent Registration:-

  • To protect start-up’s ability to manufacture and/or sell its product or service.
  • To prevent others from pursuing manufacturing a similar product/services, thus inhibiting competition.
  • To create additional sources of revenue through licensing.
  • To add value to a startup when raising funds from investors or at an exit.
  • Monopoly Pricing- increase profit margin through exclusionary power.
  • Extra Income- generate income through licensing activities
  • Access to Technology- Cross license to access their technologies
  • Business Asset- can be used to assist in securing funding or obtaining desired exit valuation.
  • Marketing Tool- Patent pending-chilling effect on competition-demonstrated expertise in a particular field.

 

WIPO and Patents:-

WIPO works to develop a balanced and effective international intellectual property (IP) system, a key part of which is dedicated to patents. WIPO’s member states collaborate in various areas, including on agreeing the treaties and conventions that underpin the international IP system and that make the global exchange of creativity and innovation possible. The IP services that WIPO offers, such as the facilitation of international patent protection under the PCT System, complement services available at the national and/or regional level. It’s important to remember that WIPO does not actually grant patents per se; the grant or refusal of a patent still rests with the relevant national or regional patent office.



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