New Patent Law in the United Arab Emirates

19-Jan-2022

ABU DHABI – The United Arab Emirates has issued the Federal Law No. 11 of 2021, which covers the patents, industrial designs, integrated designs, undisclosed information and utility models, and repeals the former Patent Law No. 17 of 2002.

The most notable changes to the UAE’s Patent Law are summarized as follows:

Disclosure Grace Period: According to Article 5(4), a grace period will be provided to any previous disclosures made by the inventor himself or any party obtained information directly/ indirectly from the inventor. If the disclosure is made within a period less than 12 months prior to the filing date, the application will still novel for substantive examination purposes.
According to Article 43, the same is applicable for industrial designs.

Exclusions: Article 6 (d) in the previous law was amended to include new exceptions. The patent shall not be granted for schemes, rules, computer programs or methods of doing business or performing purely mental activities. 
According to Article 7 (e), natural substances shall not be eligible for patent protection.

Publication of Patent Application: In contrast to the old law, the Patent Office will start publishing the accepted patent applications in the Official Gazette. 

Acceleration of Examination: The inventor can file a petition to accelerate the examination, if the fees of PPH or acceleration of examination are paid, the examination report will be issued. 

Divisional Applications: An applicant for a patent or a utility certificate that contains two or more inventions may split this application into two or more applications within the limits of what is stipulated in the description or drawings attached to the first application. The divisional application will maintain the same filing date as the original application.

Extension of the Period of Protection of Designs: According to Article 45, the law extends the period of protection from 10 to 20 years starting from the filing.
Re-examination of Granted Patents: According to article 74 (5,6) and for opposition purposes, any third party can request the re-examination for any granted patent of utility certificate, and this must be made after grant of patent, design or utility certificate, within a limited period of time.

For further information on the UAE patent law, please contact AGIP UAE office at uae@agip.com






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