why would dubai companies need a patent lawyer

by Douglas Kassulke 6 min read

Patent lawyers can also be instrumental in determining if patent rights already exist in the UAE for a similar invention. Unlike some countries, it is not possible to complete a search of currently registered patents through an official request or a specific department or website.

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What are the benefits of filing a patent in the UAE?

Patent Lawyers Near Me: Contact top rated Patent lawyer in Dubai in filing for registration and dealing with opposition of a patent, with a well-established practice. Get free contact details of the best Patent advocates near by. ... Need Instant Advice. Talk to a lawyer; LEGAL SERVICES. Family/Matrimonial. Mutual Divorce; Marriage Registration;

What is the law on intellectual property rights in the UAE?

Patent protection in the UAE is regulated under Federal Law No.17 of 2002 as later amended by Federal Law No.31 of 2006. Patent protection in the UAE is granted for inventions that are novel, inventive and useful. Absolute worldwide novelty is required. The term of protection for patents is 20 years from the filing date.

Are GCC patents protected in the UAE?

Patents Lawyers in Dubai, United Arab Emirates. +971 56 754 9405. MISS IP is a Dubai- based firm with a team of professional experts who have a decade of experience with global legal intellectual properties matters. In an ever-changing world, the consultants at …

How can Dubai attract foreign investment in technology sector?

Writing a patent on your own that protects you well is more of a wish than a reality. Think about it… Anyone who has a valuable, worthwhile project gets their patent done by a patent attorney. And… They invest in the right patent attorney to ensure their patent is strong and effective.

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What is UAE patent law?

Patent protection in the UAE is granted for inventions that are novel, inventive and useful. Absolute worldwide novelty is required. The term of protection for patents is 20 years from the filing date. There are essentially two routes for patent protection in the UAE, a national route and a regional route.

Why should you hire a lawyer to help you with patent protection?

A patent lawyer or agent is well-versed in the patent process and keeps up to date with case law that can affect how patents are read and interpreted. This can be advantageous when going through the patent process.Dec 12, 2018

Why do companies need patents?

A patent is important because it can help safeguard your invention. It can protect any product, design or process that meets certain specifications according to its originality, practicality, suitability, and utility. In most cases, a patent can protect an invention for up to 20 years.

Why patent law is important to a country?

Why Patents? Patents protect inventions and ensure the inventors the benefits resulting from the inventions thereby providing incentives for inventiveness, encouraging further inventions and promoting investment. This will spur the economic and technological development.

Why do I need an IP lawyer?

Benefits of an IP Lawyer

Due diligence refers to a lawyer assessing the quantity and quality of your assets or what is licensed under your name. This process can help maximize your intangible assets. An IP lawyer also assists you in protecting your intellectual property from any infringement.
Feb 1, 2021

What does it mean to patent your business?

A patent is a legal right to an invention given to a person or entity without interference from others who wish to replicate, use, or sell it. Patents are granted by governing authorities and have a time limit, usually 20 years.Apr 12, 2021

Who needs a patent?

Patents are not legally required before you sell your product or profit from your idea. There are many products and services sold in the United States that are not patent-protected. However, a patent is necessary if you want to prevent others from making marketing, selling, or importing your invention.

What are the pros and cons of patenting?

The Pros and Cons of Patents
  • Benefit 1: The opportunity to own a market. This is the biggie. ...
  • Benefit 2: Attracting Investors and Funding. ...
  • Benefit 3: Prestige. ...
  • Cost 1: The complexity of the system. ...
  • Cost 2: The Cost. ...
  • Cost 3: The unending process of protecting your patent.
Oct 24, 2012

What rights do patent protect?

A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.

Why are patents good for the economy?

In addition, patents stimulate the growth of national industry because local companies that hold patents can attract overseas investment and develop products for export. Profits generated by patent exploitation can be invested in further research and development, which may stimulate commercial and industrial growth.Aug 2, 2010

What is the UAE patent law?

UAE Federal Patent Law: Patent conflicts arising in the state of the UAE are regulated by the federal UAE Patent Law, and cases must be properly and lawfully interpreted into Arabic, in accordance with the standard civil law framework.

How long is a patent valid in the UAE?

A granted patent in the UAE is valid for a total of 20 years, from the official date of filing. Patent terms after the 20-year mark are not eligible for an extension, as per UAE Federal laws.

When was the first patent law enacted?

44 in 1992 and was duly implemented. This was then amended in 2002 and updated in 2006, resulting in the creation of Federal Law No. 17 – which has been unchanged since then.

What is patent licensing?

Patent Licensing. On a mission to become a global hub for transnational commercial transactions, the United Arab Emirates has incorporated very fair and just laws to safeguard all parties involved in licensing any type of Intellectual Property.

Is the United Arab Emirates a member of the Paris Union?

The United Arab Emirates is a member of the Paris Union and has thus implemented a robust patent law that enables inventors and innovators to choose from a broad variety of inventions specified within said governing law - ensuring that patentees introduce their invention to the region with the confidence that their intellectual property rights are well-protected.

Who can represent you before a federal court?

In the form of regulatory counsel before Federal Courts, it should be acknowledged that the only one permitted to represent you before a state prosecutor is a local prosecutor with public privilege and public immunity. There are no mandatory procedures that need to be undertaken before proceedings are commenced.

When was the DIFC enacted?

In November 2019 , the DIFC Intellectual Property Legislation was enacted that included clauses that provide authority over patent litigations ruled by the law (including the patent violation inside or from the DIFC) to the DIFC Commissioner for Intellectual Property and the DIFC Courts.

What is the patent protection in UAE?

Patent protection in the UAE is granted for inventions that are novel, inventive and useful. Absolute worldwide novelty is required. The term of protection for patents is 20 years from the filing date.

What is the UAE government's goal?

Knowledge and innovations are now among the core aims of the UAE government, which is determined to further strengthen and diversify its economy by attracting regional and international technology players inside the country and by fostering the development of local innovations.

Is the UAE a member of the GCC?

The UAE is a member of a number of international and regional treaties and bodies, namely the World Intellectual Property Organisation (WIPO) Convention, the Patent Cooperation Treaty (PCT), the Paris Convention, The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and the Gulf Cooperation Council (GCC).

Hassan Elhais

After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Dr. Hassan Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2006.#N#Working exclusively with...

Miss IP Intellectual Property Services

MISS IP is a Dubai- based firm with a team of professional experts who have a decade of experience with global legal intellectual properties matters. In an ever-changing world, the consultants at MISS IP are equipped...

Al Shaiba Advocates and Legal Consultants

Al Shaiba Advocates and Legal Consultants is a full-service law firm located in Dubai, United Arab Emirates (UAE). Practice areas include labour and employment law, civil law, criminal law, family law, business...

RAALC Law Firm

RAALC Law Firm, a premier law firm in the UAE. RAALC was co-founded in Sharjah in the year 2013. Its journey was immensely successful which garnered the opportunity to establish two new branches in Dubai and Ras...

Al Riyami Advocates and Muhyealdeen International Legal Consultants

Al Riyami Advocates and Muhyealdeen International Legal Consultants is a general practice law firm founded in 2001. Practice areas include real estate and property law, criminal law, commercial and international...

Al Naqbi & Partners

Al Naqbi & Partners (previously known as Excel Advocates and Legal Consultants) is a law firm established in 2003 and, located in Dubai, offers a variety of legal services for clients throughout the United Arab...

Eptalex

The Eptalex UAE offices in Dubai & Abu Dhabi have been established and duly licensed to practice in Dubai since 2009 by Attorneys Sami Touma, Mohammad AlZaabi and Nabih Bader. With Partners from and qualified in...

What are the benefits of patents?

Let’s talk about a few of the major benefits of a patent. 1. Patents Increase Profits. A patent can generate millions, even billions, for you if you use it correctly, whether it’s through licensing or dominating the market. Here are some examples:

What is a design patent?

There are also design patents. A design patent is great for fashion and apparel pieces, or the design of manufactured goods. This can expand to medical device shapes or certain features of a handbag. Design patents are significantly less expensive than utility patents.

What is the purpose of patent registration?

A patent registration protects the invention from being used by others in all of the United States. It guarantees the inventor ownership prohibiting others from commercializing the patented invention. Let’s talk about a few of the major benefits of a patent. 1. Patents Increase Profits.

How does a patent generate revenue?

Another way a patent generates revenue is through licensing. A registered patent gives the owner the exclusive right to produce, use, or sell the invention for a fee and royalties. This works well if the inventor does not have the required resources to produce and distribute the invention themselves, or if they simply don’t want to be a seller. Many companies in the United States exist solely by licensing their technology and product lines to other companies and are very profitable.

What is a registered patent?

A registered patent gives the owner the exclusive right to produce, use, or sell the invention for a fee and royalties. This works well if the inventor does not have the required resources to produce and distribute the invention themselves, or if they simply don’t want to be a seller.

Why is it important to do a patent search?

The second part of why a patent search is important is that it tells you if the product is novel enough for USPTO standards.

How much does a non-provisional patent cost?

Filing fees for a high-quality non-provisional patent application can be between $8,500 to upwards of $20,000, depending on what patent lawyer you use and the complexity of the patent.

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Patent Law in The UAE: A Brief Timeline

  • The United Arab Emirates is a member of the Paris Union and has thus implemented a robust patent law that enables inventors and innovators to choose from a broad variety of inventions specified within said governing law - ensuring that patentees introduce their invention to the region with the confidence that their intellectual property rights are well-protected. The first and …
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Who Is Eligible to Receive A Patent in The United Arab Emirates?

  • The UAE Ministrygrants patents to any creative invention that results from an evolutionary process or phase provided that the technology has commercial applications, through documented technicalities. We will be briefly touching upon integral topics that come together to form the intricate framework of the UAE’s Patent Federal Laws: 1. Patent Registration Process 2. Patent T…
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Patent Registration and Its Process in The UAE

  • Before proceeding to an official patent application in the UAE, the following must be in order, to ensure a relatively seamless registration process. We would advise that a patentee consults with a regional patent expert. While the patent registration process is seeming ‘textbook’, make sure that you consult with a regional patent expert, to foreca...
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Patent Terms in The UAE

  • A granted patent in the UAE is valid for a total of 20 years, from the official date of filing. Patent terms after the 20-year mark are not eligible for an extension, as per UAE Federal laws.
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Patent Status: Granted

  • The patent grant is printed and distributed in the Industrial Property Publication and the UAE’s Official Gazette until it has been further authorised. Upon issuance of this submission, the Ministry shall initiate an investigation to assert and determine that the grant duly conforms with federal rules of the statute and that the innovation or method is in fact innovative, original, and o…
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Patent Rejections and Appeals

  • UAE IP legislation grants the UAE Patent Office the authority to dismiss or reject any submission that does not comply with the rules outlined by the Federal Patents Statute. Rejections are subject to judicial review, but patentees must be aware that all appeals must be presented within a timeframe of sixty days. Approved grant applications are published in the Federal Patent Registe…
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Patent Enforcement in The United Arab Emirates

  • One of the most prominent inquiries we get from fellow IP practitioners outside and withinthe UAE is whether a patent can be enforced in the circumstance of a detected violation and whether the applicant has a recourse between certain judiciary bodies. The good news is that a UAE-based patent will almost always be upheld and enforced, as long as the dispute is brought before a qua…
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Enforcement in Non-Federal Tribunals vs. Federal Tribunals

  • Along with the federal magistrates mentioned previously, cases involving patent violations occurring within or from the DIFC* and ADGM** can be brought directly before their respective Courts by the designated Commissioner of Intellectual Property. These discrepancies fall into the following categories (and are not confined to): 1. Patent-related Injunctions 2. Claims following i…
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The Patent Prosecution Process

  • In the form of regulatory counsel before Federal Courts, it should be acknowledged that the only one permitted to represent you before a state prosecutor is a local prosecutor with public privilege and public immunity. There are no mandatory procedures that need to be undertaken before proceedings are commenced. Once the statement of claim is filed and the court fees are paid, th…
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Patent Amendment and Recordals: as Per UAE Federal Laws

  • Patents that have been granted within the UAE are subject to amendments, recordals, and full and/or partial cancellations when the patent holder voluntarily proceeds to the local PTO. The grounds of amendment or recordal are quite lenient and straightforward, given appropriate documentation is presented at the time. Partial or Full Cancellation Of A Patent:The UAE Federa…
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Patentability Criteria

Disclosure Grace Period

Subject Matter Exclusions

Filing Requirements

Urgent Patent Applications

Publication of Patent Applications

  • One of purposes of a patent system is to disseminate knowledge to support further innovation. One of the drawbacks of the current UAE patent system is the inability for interested parties to request official searches of the UAE patent database. Under the current system, only granted patents are published and it takes an average of 3-5 years for app...
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Divisional Applications

Assignments

Other Changes