Who may apply for a patent in the United Arab Emirates?
Competent authority
Official language
Translations
Fees
Timelines
This article is the second in a series outlining the practical aspects of patent legislation and procedure in the United Arab Emirates.(1) In particular, this article sets out details relating to applications and applicants.
Who may apply for a patent in the United Arab Emirates?
Any person or company that has a place of work or residence in the United Arab Emirates may file an application directly themselves. In practice, however, this is rare given that it is not an easy process.
Foreigners must appoint a local firm or representative (that has a place of work or residence within the United Arab Emirates) to act on their behalf before the UAE Patent Office. This means that foreigners must also give the local firm or representative a power of attorney, which must be legalised and notarised. Challenges with the process of legalising and/or notarising may arise, depending on the nationality of the foreigner, so this step can at times require support from local lawyers.
The competent authority to register patents in the United Arab Emirates is the International Centre for Patent Registration under the Ministry of Economy. Patents can be registered by submitting an online application via the ministry's website.
Currently, only granted patents are searchable using the UAE patent database. Only the title and the abstract of the patent will be published in English, and thus searchable. Under Law. 11 of 2021, there are plans to allow patent applications to become searchable (no official searches are available).
This official language is Arabic. However, when dealing with agents and office representatives, all communication may be in English. Any supporting, official or filing documents must be translated into Arabic at the time of filing. If translations are not available at the time of filing, it is possible to submit the translations within three months of the filing date. A late filing fee for processing the documents will be raised by the Patent Office.
Translations into Arabic are required. If translations are not available at the time of filing, it is possible to submit the translations within three months of the filing date. A late filing fee for processing the documents will be raised by the Patent Office.
Filing fees
The filing fees are:
- individual fee – 1,000 United Arab Emirates dirham; and
- company fee – 2,000 United Arab Emirates dirham.
Prosecution fees
The prosecution fees are:
- request search and first examination – 7,000 United Arab Emirates dirham (same fee for individuals and companies); and
- request second or third examination: 5,000 United Arab Emirates dirham (same fee for individuals and companies).
Annuities
Annuities are paid annually. There is a 12-month grace period for payment.
Excess claim fees
There are no excess claim fees in the United Arab Emirates. There is a limit of 50 claims.
The formal process may be settled within the first seven months of filing the application (ie, filing the specification, supporting documents and any translations). The substantive examination and prosecution process may take between seven and 42 months (as a maximum time period) to be settled. Once examination is completed, the publication will take approximately three months. The period for opposition (once an application has been published) is two months.
The UAE patent office is working to reduce the examination (formal and substantive) timelines.
For further information on this topic please contact Richard Gaugeler at Bird & Bird by telephone (+44 20 7415 6000) or email ([email protected]). The Bird & Bird website can be accessed at www.twobirds.com.
Endnotes
(1) For the first article in the series, please see "Practical guide to patents in the United Arab Emirates: relevant legislation". For the second article in a similar series on patent law in Saudi Arabia, see "Practical guide to patents in Saudi Arabia: applications and applicants".