United Arab Emirates ( "The United Arab Emirates" ) cabinet 2023 years 11 Published in October 2023 Year control 112 Ministerial decision, Patent application to UAE, The official fees for utility model and industrial design applications have been adjusted, Modified with 2021 Year control 11 No. Official fees associated with federal law. Be determined by 2023 years 11 month 15 Published today in the United Arab Emirates "Official gazette" Up, These changes have been made 2024 years 1 month 15 Officially come into force. This article explores these changes and how they affect the filing of patent applications in the UAE.

Overview of major changes

The UAE Patent Office has introduced a new category of applicants——Small and medium-sized enterprises and academic institutions, This appears to be in keeping with the country's commitment to supporting innovation. Uae applicants who fall into this category are now eligible for all service fee waivers 50%Treatment of.

The other big change, Introduced a stepped fee structure for substantive examination fees of patent applications in the UAE. It depends on the total number of claims in the application, There are three fee schemes that apply. In addition, Official fees were also introduced, Allow applicants to request an expedited review, Opinion on minor review (minor office action) Conduct review and post-authorization review.

The decision also reinstates official fees that were previously eliminated by the UAE Patent Office. The official cost of restoration includes an annual fee, Publication fee, License fee, Filing amendment fee, Application change record fee and agent transfer fee. The UAE Patent Office has previously 2019 These fees were eliminated in 2000, Applicants are still required to apply for annual fee waiver every year, To maintain its application or register a patent. Since the 2024 years 1 Since October, Applicants must pay an official annual fee to maintain their application or registration.

More details are outlined below:

Introducing new categories of applicants

The UAE applies patents to Emirati entities that qualify as small and medium-sized enterprises and academic institutions, Application fees for utility models and industrial designs shall be waived. This seems to be in line with the United States Patent and Trademark Office (USPTO) For non-profit organizations or small organizations "Small entity" In a similar position.

The new filing fees for these entities are 1000 Dirham (about 273 U. S. dollar) , It's a standard filing fee 50%. The decision was not right"Small and medium enterprises" Make any statement of eligibility, But officials have made it clear, Only applicants based in the UAE are eligible to apply for this category. Want to apply for "Small and medium enterprises" qualification, Applicants based in the UAE will now need to submit any certificates issued by local projects, To confirm the SME qualification or a copy of the UAE trade license. 2000 Dirham (about 545 U. S. dollar) The standard application fee will still apply to ordinary corporate applicants and foreign applicants in the UAE.

Official fees for late submission of documents

In the last few years, The applicant may delay the submission of official documents after the date of application, Without having to pay official fees. Under the new system, Applicant needs to pay 400 Dirham (about 110 U. S. dollar) , To submit official documents after the application date. These documents are still required after the application date 90 Submit within days, To avoid failure. To avoid this expense, Applicants are required to prepare notarized documents in advance (Power of attorney, Assignment contract) , And submit these documents when submitting the application.

Stepped substantive examination fee

New changes also include the introduction of a tiered charging rule for substantive review costs. For claims not to exceed 10 Application for item, Applicant is required to pay 2000 Dirham (about 545 U. S. dollar) Standard examination fee. Claim in 11 to 30 Applications between items will be collected 8000 Dirham (about 2180 U. S. dollar) The examination fee, Excess of claim 30 Application for item, The examination fee is 9000 Dirham (about 2452 U. S. dollar) .

50 The limitations of this claim still apply, therefore, If the submitted application contains more than 50 claim, Examiners will only be on the front 50 A claim for review. Small and medium-sized enterprises and academic institutions will be eligible for standard inspection fees 50%Discount of.

On review, If the applicant has paid the official fee according to the original fee rules, Applicants are invited to pay the difference with the new fees. The applicable official fees will be determined based on the total number of claims at the time of formal acceptance.

Expedited review

Applicants now have the option of applying for a fast-track examination procedure for UAE patent applications, The fee payable by companies and individuals is 2000 Dirham (545 U. S. dollar) . Applicants using this route can do so in as little as 6 The first review report will be issued within a month, The standard test time is approximately 12 month—18 month. This option applies only to the first round of review, As a result, applicants may require a longer review cycle.

Restore an invalid application

Official notification confirmed, Applicant will have 9 A period of months to resume due to failure to meet the deadline set by the official notification (Such as deadlines for responding to notices of review comments or for payment of official fees) And the UAE application is invalid. The applicant must pay in addition 9 In addition to monthly late fees within a month, Still need to pay 5000 Dirham (about 1362 U. S. dollar) The recovery fee.

Reinstate annual fees and other official fees

The decision was reinstated 2019 Official fees have been eliminated in years. This includes the publication fee, License fee, Request a bibliographic details amendment fee or a claim amendment fee.

Official annual fees for UAE patent applications and granted patents have been reinstated. The official notification has been confirmed, The UAE application will not be invalidated for non-payment of the official annual fee, But in addition to the accumulated annual fee, Applicants will also need to pay a monthly late fee to move forward with their application.

18 Open application in a month

from 2024 years 2 Since October, The UAE application will be submitted at the first filing in accordance with international practice 18 It will be made public in a month. Applicants will be able to check their UAE applications for free on the new electronic application system, Patent claims granted, And view certified copies of UAE documents directly (English and Arabic) . Third parties will also be able to access published applications and authorizations directly on the new system.

The provision of access to patent information is a significant advance in the UAE patent system. So far, Basic patent information applies only to granted patents, It is published in Arabic only. The move will create greater transparency and accessibility for international applicants and interested parties looking to better understand the UAE application trends. It is expected that once the patent data is made public, Lawsuits over patent invalidity and patent infringement will increase.

For researchers and developers who want to know which patents have been made public in the UAE, Access to patent data will also become valuable, This allows pending patents to be taken into account in ongoing development, To avoid infringement, Or potential third party rights licensing opportunities may be identified.

The new system has been implemented 2024 years 1 month 15 Daily start, It is expected that 2024 years 2 Full deployment by the end of month. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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