INTRODUCTION
Patent law in the UAE plays a crucial role in fostering innovation, protecting intellectual property, and promoting economic diversification. Governed by Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights, the UAE’s legal framework for patents is aligned with international standards and reflects the country’s strategic push toward becoming a knowledge-based economy.
Under this law, patent protection is extended to inventions, industrial designs, utility models, and integrated circuits, provided they meet specific criteria. To qualify for patent protection, an invention must demonstrate novelty—it has not been disclosed to the public in any form prior to the filing date—it must involve an inventive step that would not be obvious to someone skilled in the relevant field, and it must have industrial applicability, indicating that it can be practically used in an industrial context.
The UAE Ministry of Economy oversees the patent application and examination process, granting patents for a standard term of 20 years from the filing date. Patent owners enjoy exclusive rights to commercially exploit their inventions, including the right to prevent unauthorized manufacturing, use, sale, or importation of the patented product or process.
In order to protect patent holders, the law also provides civil and criminal remedies for infringement. Recent reforms under the 2021 legislation have introduced streamlined procedures, enhanced enforcement mechanisms, and stricter penalties for violations.
SIGNIFICANT PROVISIONS OF THE DECREE
- Article 2 – It outlines the objectives of the law, which is the Regulation and Protection of Industrial Property Rights. These objectives include: protecting industrial property, regulating registration, use, and transfer of these rights to promote knowledge and innovation within the UAE.
- Article 3 – It deals with scope and applicability of this decree. It applies to patents, industrial designs, integrated circuits, undisclosed information, and utility certificates recorded in the State, inclusive of free zones.
- Article 5 – It outlines the essential conditions for patentability. It provides that an invention, whether a new idea or an improvement to an existing patent, must meet three key criteria: novelty—it has not been publicly disclosed prior to the application; inventive step—indicating it is not obvious to a person skilled in the relevant field; and industrial applicability—it can be produced or used in any kind of industry.
- Article 6 – It provides for the cases for utility certificate eligibility, granted to any new invention that has industrial application but has not resulted from an inventive step that is sufficient to qualify for patent eligibility.
- Article 7 – It provides for cases of patent or utility certificate ineligibility, making it clear that protection cannot be granted for: research on plant or animal species or biological breeding methods; diagnostic, therapeutic, or surgical methods for treating humans or animals; scientific principles, etc.
- Article 8 – It states that it is a mandate to include the inventor’s name in the application for either a patent or a utility certificate unless the inventor explicitly requests otherwise in writing. Also, the general rule is that the inventor or their legal successor holds the right to the invention.
- Article 10 – It governs the ownership of inventions created under contracts or employment in the UAE. If an invention is created under such an agreement or similar assignment, the right to such invention shall belong to the employer unless it is agreed otherwise.
- Article 11 – It outlines the formal requirements for filing patent or utility model applications in the UAE. Applications must be submitted to the Ministry of Economy by the inventor, an agent, or an authorized applicant, along with the prescribed fees. The application must include the names of the applicant and inventor, a declaration of entitlement (if applicable), a title, abstract, detailed description, etc.
- Article 12 – It deals with priority claims for patent and utility certificate applications in the UAE. It allows applicants to include a declaration claiming priority from one or more earlier filed applications in another country that is a party to a relevant convention or treaty.
- Article 14 – It addresses the splitting of patent or utility model applications in the UAE. It permits applicants to divide an application involving multiple inventions into separate applications, provided the division aligns with the descriptions or drawings in the original submission. These split applications are considered to have been filed on the same date as the initial application, ensuring that the original filing date is preserved.
- Article 17 – It provides that the Centre shall grant a patent or utility certificate and publish the same in the industrial property bulletin, and then it is delivered to the right holder.
- Article 19 – It outlines the exclusive rights granted to the holder of a patent or utility certificate in the UAE. It gives the right-holder the legal authority to prevent others from manufacturing, using, offering for sale, selling, or importing the patented product. It grants the right-holder exclusive authority to exploit the invention, whether it’s a product or a process, through manufacturing, use, offering for sale, sale, or import, and to prevent others from doing the same without consent.
- Article 21 – It provides that a patent or utility model certificate, or an application for either, may be transferred to a third party. The transfer must be in writing, signed by both parties, and authenticated either at the Ministry, before a notary public in the UAE, or through proper legal authentication within the country. To be legally effective, the transfer must also be recorded in the official register following payment of the prescribed fees.
- Article 22 – It outlines exceptions where the use of a patented invention does not constitute infringement. These include: non-commercial research or educational use; temporary importation of patented products to meet urgent needs; and the use of a combination of patented medicines by licensed pharmacists for genuine medical treatment.
- Article 23 – It sets out the rights of joint patent or utility model owners. Each owner may independently exploit, transfer, or use the invention unless otherwise agreed. However, granting a license to third parties requires the consent of all co-owners, ensuring shared control over external use.
- Article 26 – It outlines the rights granted to a mandatory license holder in the UAE. The licensee has the same legal protections as the patent owner, including the ability to enforce their rights against infringement, but only according to the license’s terms.
- Article 29 – It outlines the procedures for obtaining a mandatory license for a patent or utility model in the UAE. If the patent holder fails to use the invention or uses it inadequately for three consecutive years, any interested party may apply for a mandatory license. The applicant must demonstrate that they have made reasonable efforts to obtain a license from the patent holder under reasonable commercial terms.
- Article 34 – It allows a patent or utility certificate holder or a licensee to voluntarily abandon all or part of their rights by submitting written notice to the Ministry of Economy and informing affected parties. The abandonment is effective upon registration and publication and does not impact third-party rights unless they also waive them in writing.
- Article 37 – It states that the Ministry shall receive international applications under the Patent Cooperation Treaty.
- Article 43 – It provides for requirements for industrial designs, stating that it is eligible for protection if it is new and its commercial use does not violate public order or morality. A design is considered new if it has not been disclosed to the public before the filing date. However, disclosures made within one year prior to filing do not affect its novelty.
- Article 45 – It states that the term of protection of an industrial design shall be 20 years starting from the filing date of the application for protection.
- Article 46 – It grants the holder of an Industrial Design certificate the exclusive right to prevent others from using the protected design in the manufacture of any product, as well as from importing, possessing, offering for sale, or selling products that embody the design.
- Article 49 – It states that the holder of a protection title may grant a written license to any individual or entity to use or exploit the protected right, provided the license term does not exceed the duration of the protection. The license must be in writing and signed by both parties.
- Article 50 – It states that the protection title owner must record the license in the official register and pay the required fees. The license becomes effective against third parties only after its publication in the Industrial Property Bulletin. It is removed from the register either upon expiry or at the request of the contracting parties.
- Article 51 – It provides that unless explicitly restricted by the license agreement, the owner of the protection title reserves the right to continue exploiting the protected subject matter personally and to grant additional licenses to third parties.
- Article 53 – It states that unless otherwise specified in the license agreement, the licensee is not permitted to transfer the license or grant sublicenses to third parties, except when the ownership of the establishment is transferred, in whole or in part.
- Article 61 – It states that undisclosed information is protected under this decree if it meets three conditions: it must be secret and not generally known or easily accessible within relevant professional circles; it must have commercial value due to its secrecy; and it must be subject to reasonable measures taken by the rightful holder to maintain its confidentiality.
- Article 62 – It states that the scope of protection for undisclosed information under Federal Law No. 11 of 2021 includes data submitted to government authorities for the marketing of pharmaceutical or agricultural chemical products containing new chemical entities, provided the data involves significant effort. Such information is protected from disclosure and unfair commercial use for up to five years or until it is no longer confidential, whichever is shorter. Disclosure for public protection by authorities is not considered an infringement. The owner or successor may also transfer the information with or without compensation.
- Article 63 – It provides for the responsibility of the person lawfully in control of the undisclosed information; they must take appropriate measures to maintain its confidentiality and restrict access to authorized individuals within the establishment, preventing unauthorized disclosure and are also not exempt from liability for third-party infringements unless they prove reasonable efforts were made to protect the information.
- Article 64 – It provides for acts considered contrary to fair commercial practices and thus constituting unfair competition, including bribery, employee incitement, breach of confidentiality agreements, theft, espionage, fraud, and unauthorized use of confidential information. Any unauthorized disclosure, acquisition, or use of such information by third parties, knowing it was obtained through illicit means, is treated as an infringement of the lawful owner’s rights.
- Article 65 – It provides for acts which are not considered contrary to fair commercial practices, including: acquiring information from public sources; independently discovering information through testing, analysis, or scientific research; and using information already known or circulated within the relevant industry.
- Articles 67 to 70 – These provisions deal with compensation and penalties for infringement.
- Article 67 – Allows the protection title owner or licensee to claim compensation through court for any infringement-related damages.
- Article 68 – Permits the owner or rights holder to request a court to order precautionary seizure of the infringing product, design, or establishment.
- Article 69 – Prescribes penalties including imprisonment and fines ranging from AED 100,000 to AED 1,000,000 for submitting forged documents, imitating inventions, or willfully infringing protected rights.
- Article 70 – Empowers the court to order confiscation, destruction of infringing items or tools, and publicize judgments at the violator’s expense.
LEGAL BLOG BY:
Themis The Firm Legal Consultants
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