UAE Revises Patent Fees and Industrial Property Rights Regulations

December 1, 2023by Saniya Mariam Thomas0

 

New patent fees tailored specifically for small and medium businesses (SMEs).

Reinstates fees for services such as annuities and change of representation.

Amended fee structure for enhanced Industrial Property Rights regulation takes effect by January 15, 2024.

With the introduction of new patent fees and reinstating certain abolished fees, the United Arab Emirates (UAE) is witnessing a significant shift in its industrial property landscape with the recent enactment of Ministerial Decision No. 112 of 2023. This decision brings about substantial changes to the fee structure governing patents, designs, and utility models as outlined in Federal Law No. 11 of 2021 (The Regulation and Protection of Industrial Property Rights).

New Fees and Amendments

The decision introduces new fees for services such as accelerated examination, re-examination for minor office actions, and post-grant examination. The latter allows for post-grant amendments within the allowed scope, aiming to streamline the patent examination process and contribute to a more efficient industrial property rights framework in the UAE.

Reinstatement of Certain Fees

Certain fees that were previously abolished including those for publication, annuities, and the transfer of agent, have been reinstated. Certain services that used to be provided free of charge have been made chargeable. This reinstatement underscores the evolving nature of the UAE’s approach to industrial property rights, emphasizing its commitment to maintaining a robust system and a high standard of intellectual property protection.

Impact on SMEs and Academic Entities

Small and medium-sized enterprises (SMEs) and academic entities are now included in a reduced fee scheme, recognizing their unique contributions to innovation and industrial development.

Fee Structure and Claim Limits

As of November 2021, Federal Law 11/2021 has introduced a significant change to the allowable number of claims in patents, setting a maximum limit of 50 claims per patent. To address this restriction, a tiered fee structure is established for substantive examination based on the number of claims within a patent application. The tiered fee structure comprises three distinct examination fee groups:

  • Group 1 (1-10 claims): AED 7000
  • Group 2 (11-30 claims): AED 8000
  • Group 3 (31-50 claims): AED 9000

Previously, there existed a flat AED 7000 examination fee for the initial examination, regardless of the number of claims. This shift towards a tiered approach, featuring different examination fees based on the number of claims, aligns with international best practices. The aim is to ensure that the fee structure is fair and reflective of the resources necessary for the examination process, thereby promoting equity and efficiency.

Monthly Penalty for Late Payments

To encourage timely compliance, monthly penalty fees for late payment of official fees are introduced, ensuring a more organized and efficient administrative process.

Effective Date and Publication

Published in the UAE’s Official Gazette on November 15, 2023, the decision comes into effect on January 15, 2024. Stakeholders have a two-month transition period to adapt to the amended fee structure.

Milestone in Industrial Property Rights

Ministerial Decision No. 112 of 2023 marks a significant milestone in refining the UAE’s industrial property rights framework. The changes showcase a commitment to international best practices, fostering an environment conducive to innovation and positioning the UAE as a global hub for technological advancement and industrial creativity. Stakeholders are urged to familiarize themselves with the revised fee structure as the effective date approaches.

Registered Patent Agent Services

In this dynamic landscape, navigating the intricacies of intellectual property rights can be a complex task. For businesses and innovators seeking guidance and support in securing patents, designs, and utility models, enlisting the services of a registered patent agent is paramount.

As a registered patent agent, our firm stands ready to assist clients in navigating the nuances of the new fee structure. Our team of experienced professionals possesses the expertise to guide clients through the patent application process, ensuring compliance with the latest regulations. Whether you are a multinational corporation or a budding start-up, our tailored services cater to the diverse needs of businesses across industries.

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Disclaimer

The opinions expressed in this blog are those of the respective authors. ATB Legal does not endorse these opinions. While we make every effort to ensure the factual accuracy of the information provided in our blogs, inaccuracies may occur due to changes in the legislative landscape or human errors. It is important to note that ATB Legal does not assume any responsibility for actions taken based on the information presented in these blogs. We strongly recommend verifying information from official sources and consulting with professional advisors to ensure its accuracy and relevance to your specific circumstances.

About ATB Legal

ATB Legal is a full-service legal consultancy in the UAE providing services in dispute resolution (DIFC Courts, ADGM Courts, mainland litigation management and Arbitrations), corporate and commercial matters, IP, business set up and UAE taxation. We also have a personal law department providing advice on marriage, divorce and wills & estate planning for expats.

Please feel free to reach out to us at office@atblegal.com for a non-obligatory initial consultation.

by Saniya Mariam Thomas

Saniya is a legal consultant at ATB Legal. She is a law graduate from Calicut University, earned her master’s from Christ University, Bangalore, and is enrolled with the Bar Council of Kerala. She has earned several prizes in national and international moot court competitions.

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