From Idea to Patent: How to Secure Your Invention in the UAE

In today’s technology driven world, Innovation and Invention is the key to become as a pioneer in the competition to success. Inventions may vary include technological innovations, industrial designs and manufacturing, pharmaceutical formulas, biotechnological innovations, renewable energy solutions, Cutting edge software based algorithms and artificial intelligence technologies. For any invention, securing the patent and protecting the intellectual property is crucial for an individual or entrepreneur or business person. The United Arab Emirates (UAE) is emerged as a global leader in nurturing new ideas and encouraging creativity with the strong patent protection laws that ensures exclusivity and security for the inventors.

UAE envisions a transformation of the country to knowledge based economy by fostering advanced research and development. This can be achieved through securing the legal right through patent. Patents, not only give them security for their intellectual property but also become a strategic advantage that elevate businesses into new heights. This blog details that why patent protection in the UAE is a game changer? And how businesses can leverage it for their long term success?

The UAE’s Vision for Innovation

UAE has established itself as a hub for innovation in technology, entrepreneurship and research. Emphasizing the innovation as a foundation to knowledge based economy, government has implemented many initiatives and national strategies to promote ground breaking ideas to develop their economy through science and technology. These efforts strengthen the country to compete globally as well as boost the new businesses and more investments. Key government initiatives stimulating new ideas includes UAE vision 2031, Dubai Future foundation and National Strategy for advanced innovation.

The UAE Vision 2031- Transformation into a knowledge based economy

The UAE vision 2031 is the long term roadmap to establish the country as one of the world’s most technologically advanced nation. One of the key feature of this initiative is to scale up investment for research and development as an encouragement for the universities and businesses to contribute more in research driven solutions. Secondly, accelerating digital evolution by emphasizing innovations in artificial Intelligence and block chain technologies. Thirdly, strengthening the laws related to intellectual property rights to ensure the inventors and businesses are protected under a legal framework. Finally UAE promotes the entrepreneurship by proving the funds, grants and incentives to the inventors and startup businesses. The aim of Vision 2031 is to transform the UAE as a leader in the advanced technological industries like biotechnology and artificial intelligence.

Dubai Future Foundation- Promoting High Tech Innovations

Dubai Future Foundation (DFF) was established in 2016 to support the innovations in emerging technologies and futuristic business models. The key feature of DFF is the Dubai future accelerator’s program which provides help to global companies and startups to collaborate with the government and strive to achieve groundbreaking solutions. The museum of the future is another platform which projects the knowledge about research and futuristic technologies. Dubai Future Foundations helps the startup companies to secure patent while scaling their innovations.

National strategy for Advanced Innovation- Integrating innovations across industries

The UAE government establish the national strategy for advanced innovation focuses on embedding innovation in the key areas such as healthcare, education and research, renewable energy, artificial intelligence technologies, transportation, space technology, and robotics. This also emphasize the importance of securing the intellectual property rights through patent their innovations and secure their market positions.

Initiatives Support Patent Protection in UAE

UAE has modernized laws related to intellectual property rights by collaborating with Global Patent Treaty (GPT) which allows the inventors to secure international patent right and recognized globally. The Ministry of economy offers patent registration support to businesses. The Mohammed Bin Rashid Innovation Fund (MBRIF) provides financial backup to startup companies for patent registration in emerging industries.

These initiatives to secure patents and intellectual property rights strongly support the inventors and startups in UAE to develop the groundbreaking technologies, attract investors and establish the strong foothold in the global market and this becomes a game changer in their economy.

Patent Law.

Patent Registration Process in the UAE

The United Arab Emirates has the structured process to register for a patent which is governed by the Ministry of Economy (MOE). Here is a step-by-step guide to assist you:

  1. Prepare the required documents

Before applying for the patent registration, ensure to prepare the following documents

  • Complete Specification of the Patent which includes Claims, Drawings, Abstract and Detailed description of the invention.
  • Applicant Information which includes Names, Addresses and Nationality of the Applicant(S) or Inventor(S).
  • Power of attorney which includes the legal document with attestation from the authorized authorities.
  • Commercial registration document which includes certified copy of the certified register or certificate of incorporation.
  • Priority document in case of claims based on the foreign application or inventor, a certified copy of the priority document is required.
  1. Submit the Patent Application

Submit the application in Online through the e-services portal provided by the Ministry of economy. Ensure the all the required documents are uploaded.

  1. Payment of Application fees

Ensure the timely payment of the application fees in order to avoid delay in processing the application. The complete fees structure can be found in the MOE’s official website.

  1. Formal examination

The MOE conducts formal examination to verify whether all the required documents are submitted correctly. If any flaw is found, the committee, inform the inventors to make appropriate corrections and resubmit.

  1. Substantive examination

After passing the formal examination, the substantive examination is conducted to verify the patentability of the invention which includes novelty and industrial applicability. Inventors should pay the application fees within 90 days of receiving the formal notice.

  1. Publication of the Patent

If the application fulfills all the criteria of patentability, MOE publish the details of the patent in the gazette. Once it is published, 60 days of time is given to anyone to oppose the patent grant.

  1. Grant of the Patent

If no oppositions are filed or if any oppositions is resolved in favor of the applicant, MOE grants the patent and patent certificate is issued to the inventor/ applicant.

  1. Maintenance of the Patent

Patents published in the UAE is valid for 20 years from the date of filing. From the following year after the publication, applicants should pay the annual fees to renew the patent. Failure to pay the fees will make the published patent inactive.

Future of Patents in the UAE

As advancement in technology progresses, UAE is planning to introduce the streamlined patent processes and strong intellectual property enforcement mechanisms in the future years. Key ideas to secure a patent includes Block chain based patent registries to prevent IP fraud and AI driven patent examination to speed up the application process.

Securing a Patent in the UAE is beyond the legal formality to protect intellectual property. With patents, businesses can establish a dominant position in the market, attract investors and contribute to the growth of economy. For entrepreneurs and companies who aims to expand in the UAE, investing in patent protection is the strategic move that can shape their future success.

Author: Dr. S.Sarayu Priyadharshini, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

References

  1. United Arab Emirates Government. UAE Centennial 2071. UAE Government Portal. Retrieved from https://u.ae/en/about-the-uae/strategies-initiatives-and-awards/uae-centennial-2071
  2. Dubai Future Foundation. About Us. Retrieved from https://www.dubaifuture.ae/
  3. United Arab Emirates Government. National Innovation Strategy. UAE Government Portal. Retrieved from https://u.ae/en/about-the-uae/strategies-initiatives-and-awards/national-innovation-strategy

United Arab Emirates Ministry of Economy. Apply for Patent. Retrieved from https://www.moec.gov.ae/en/apply-for-patent

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