Last updated on April 6, 2021
A patent registration in Dubai is an exclusive right of the inventor for his or her invention. The Patent bestows exclusive rights to the Inventor to exploit his or her invention commercially. That is a product or a process that generally provides a new way of doing something; or offers a new technical solution to a problem during the life of the Patent.
What can be protected under the patent registration in Dubai
As a basic principal of the UAE Patent Law; the protection is extended to all the new inventions that result from or contain an inventive step; and also are capable of industrial use or exploitation.
However, the below cannot come under the Law of patent registration in UAE
- Plant diversities, Animal type or bio logical methods of making animals or plants. There is some exclusion allowable for some micro biological methods as well as products produce from such process.
- Surgical operations, treatments, as well as Pinpointing process essential for animals and humans. (With respect to the medical field).
- Arithmetic and Scientific laws, process as well as discoveries.
- Rules, Guides or methods follow to do mental actions, play games or conduct business.
- Discoveries that disrupt or are against public directive and ethics.
Otherwise, any other process or innovation is patent-able as long as the requirements of the Patent Law are met.
Pre-conditions for the patent registration in Dubai:
- Novel and innovative.
- Based in science.
- Industrially applicable (industrial application is defined in “broadest terms” if use in agriculture, handicrafts, fisheries, and services).
Why the timely and proper patent registration in Dubai is necessary?
Timely securing the Patents for the invention is crucial for the following reasons:
- At the stage of commercially exploiting the invention, it details and description of the invention is bound to be share with general public. Having, a valid Patent protection in place for the invention, no one will be able to steal your idea or concept.
- In the absence of validly secured Patent, the invention will remain prone to the threat of duplication and replication by the market competitors.
- Having a valid Patent in place gives a competitive edge to the Patentee over the other market competitors.
- Get all the monetary benefits by licensing the patented inventions.
Benefits Of The patent registration in Dubai:
Once the Patent is duly registers in UAE; then you can get the following benefits:
- Exclusive right to commercially exploit i.e. manufacture, market and sale of the patented invention.
- Special right to grant the license to the third parties to manufacture; market as well as sale of the Patented invention against the monetary consideration.
- Exclusive right to take legal action against the unauthorized duplication and replication of the patent invention and enforce his/her rights.
- Exclusives right to claim priority during the process of the registration of Patent in other jurisdictions.
- Use the Patent registration as the proof of ownership during the disputes in every jurisdiction.
Duration of the protection patent registration in Dubai
Once registered, the Patent is valid for twenty (20) years from the date of filing, with a non-extendable term of protection.
What constitutes the infringement of patent registration in Dubai?
Unauthorized manufacture, marketing, use, duplication and replication, use, retention and importation of the Patented Invention constitute the infringement of the Patent as per the UAE Laws.
What happens if someone infringes the patent?
The patent registration in Dubai Law provides for both the Civil and Criminal legal action upon the infringement of the Patent.
In case of the infringement of the Patent in UAE, the Patentee has the following remedies:
- Seizure and destruction of infringing duplicated and replicated invented products
- Imprisonment ranging between 3 months to 2 years along with a penalty of the AED 5,000/- to AED 100,000/-.
- Monetary damages for lost profits, as well as recovery of legal fees.
How we can assist you in the patent registration in Dubai
- Offer expert pre consultation on patent registration in Dubai.
- Advise the client to strengthen the application for the Patent registration.
- Carry out all the UAE Patent registration process timely and smoothly.
- Advise on the licensing of the Licenses.
- Carry out the process of the assignment and the licensing of the Patent.
- Advising the clients on the subject of the Patent infringement.
- Advising the clients on the registration of Patent in GCC and other countries around the globe.
- Carry out all the GCC and International Patent registration process timely and smoothly.
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