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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 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:-
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.
The invention should have utility in the field and must serve some purpose of operativeness.
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
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)
Design patent is for original designs relating to the shape, pattern, or a combination of shape colour and pattern, of an object.
e.g.:- a bag, a ring, a food truck, surface ornamentation of flatware etc.
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|
|A 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 patenting process
Timelinefor 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:-
Reasons for seeking Patent:-
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.