A new proposed law -amending Law No. 44 for the year 1992- pertaining to industrial property including patents and designs is under study and is expected to be approved and published in the near future.
The new law amends 37 articles of the old law. In terms of registration, once an application for a letters patent or utility certificate has been filed, the Department of Industrial Property examines it. Once approved, it is issued and published in the Industrial Property Circular.
The fees, which would be paid annually at the start of each year, for processing an application will be determined according to the law and its implementing regulations.
The law gives any interested party the right to file a petition to oppose the decision of the acceptance or rejection of the application. The Department of Industrial Property can also receive applications for international patents in accordance with the international treaties signed by the UAE.
The term of the letters patent shall be a period of 20 years, and 10 years for a utility certificate as of the date of filing the application.
Assignment may be restricted to one or more rights provided in the letters patent or utility certificate. Once registered, it comes into force after its publication in the Industrial Property Circular.
The draft law includes the terms of punishment for submitting false or incomplete information to obtain letters patent or a utility certificate, as well as illegal use of a patent, drawing or design, in part or as a whole. Article 60 puts the imprisonment terms from 3 months to 2 years and/or a fine between AED 5,000 and AED 100,000.