The rationale & process of patenting in the UAE & Beyond

In the last decade, the UAE has made significant efforts to become a global leader in technology and innovation. Patent applications in the UAE have increased by over 70% between 2015 and 2022, and the country is ranked 31st in the global innovation index. With over $20.7 billion in foreign direct investment in 2022, now is a great time to invent in the UAE.

This guide will show you exactly why, what, and how to patent your invention in the UAE and extend its coverage worldwide. Whether developing a cutting-edge device, revolutionizing energy, or inventing new consumer products, a patent is your key to protecting and earning from your innovative idea.

All resources are provided in the reference section.

Why would you want to protect your invention?

Protecting your invention by a patent will give you exclusive legal control over its usage. Anything from Production, use, or sale of your invention is up to you to decide and gain from for 20 years!

Here are the key benefits of patenting:

• Market advantage: Getting a competitive edge and protecting it with the patent.
• Attract investment to commercialize your invention: in most innovative hardware start-ups, investors will only invest in your invention if it is protected.
• Legal protection: Patenting ensures that if your invention is copied or exploited by others.
• Revenue generation: In a previous post (link), I explained how an inventor can generate revenue from his patent. Among these are licensing, selling the invention, or creating a company that manufactures and sells the product with the invention's competitive edge.

What to patent?

Patents fall into the Intellectual Property(IP) category

According to the Abu Dhabi IP Unit, an invention must be a product or process that offers a new or better way of doing something or a new solution to a problem to be eligible for a patent. The invention must be:

• New: Something fresh, original, and previously unseen.
• Inventive: Something significantly different from existing technology.
• Industrially applicable: Something practical and usable in industry or commerce.

Examples of patentable inventions are devices, machines, new processes for manufacturing, and chemical compositions.

Some intellectual properties (IP), the category patents belong to, do not constitute patents. For example, code can be copyrighted but not patented.

How to patent in UAE?

1. Verify that your invention is unique by checking in the public patent databases locally(UAE MoE), regionally (GCCPatent Office), and internationally (WIPO). Check the link for direct access.
2. Optional: Ask for a temporary 6-month patent protection to protect industrial property when an idea is disclosed to the public prior to your formal application. Use this temporary patent to get funding and partnerships without spending the full amount.
3. Prepare your patent application and file it with the Patent Office (UAE MoE). This step usually requires the assistance of a lawyer to properly formulate and protect your inventions. The total cost of your patent is around 15 to 20k AED, most of which is Lawyer fees.
4. Wait for the review and approval of your patents. Congratulations, your invention is protected for 20 years

Extend your protection worldwide

1. Protect your innovation for 157 countries for 30 months by filing a PCT Application: By filing a single application (PCT) through the UAE patent office, you will get 30 months of international protection. This will give you ample time to decide and get the funding to protect your inventions in other regions/countries.
2. File your patent application for each country you're interested in within the PCT protection timeline. Filing for multiple countries and maintaining these patents can be extremely expensive. Take your time and research the international markets. Create a business case that would justify patenting in those regions. Once decided, file your application. Tip: sometimes, you can file one application to cover multiple countries. This is the case with Europe (EPO) and the GCC (GCC patent office).

Final considerations:

• For some markets and inventions, it might be more effective not to file a patent and focus on gaining a significant market share.
• You can reduce your personal spending on the patenting process by using temporary or provisional patent applications to negotiate partnership/investment deals. Once you get your funding/contract, you can follow through.
• Even though it's expensive, it's advisable to ask the help of a lawyer.
• If you're reading this from another country in MENA, the process is very similar, but the fees are adjusted in each country.

References to go further:

• Abu Dhabi Intellectual Property Unit (link): If you’re looking for a single resource, use this! It includes free resources and explanation about IP in UAE.
• UAE Ministry of Economy (Patent Office): The UAE Patent Office is the official body responsible for patent applications and registrations within the UAE. Website: UAE Ministry of Economy - Patents
• Patent Cooperation Treaty (PCT): Managed by the World Intellectual Property Organization (WIPO), the PCT system allows inventors to seek international patent protection through a single application. Website: PCT System - WIPO
• World Intellectual Property Organization (WIPO): WIPO offers various tools for patent search, including the PATENTSCOPE database, where you can conduct global patent searches. Website: WIPO
• European Patent Office (EPO): The EPO manages the regional patent system for European countries and provides a useful patent search tool for European patents. Website: European Patent Office
• GCC Patent Office: The GCC Patent Office provides a unified patent registration system for all six member states of the Gulf Cooperation Council (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE). Website: GCC Patent Office
• International Patent Search Databases: PATENTSCOPE (WIPO): PATENTSCOPE Search Espacenet: worldwide.espacenet.com Provided by the EPO, Espacenet allows users to search for patent documents from over 100 countries. Google Patents: patents.google.com A free search engine that indexes patents and patent applications from multiple patent offices worldwide.