The latest development in the UAE Patent Law has opened up new avenues to businesses in the UAE. Patents pertaining to national security were not protected under the previous UAE Patent Law. The Implementing Regulations for the revised UAE Patent Law, which went into effect in June 2022, features the changes to the above position. These are perhaps particularly pertinent to businesses or research institutions engaged in military defence or national security. It is expected that this new development will help by boosting research and development efforts by various institutions in the field of military technology. In light of the Regulations, the UAE Patent Office will now manage technology related to national security or military defence. Biotech, advanced computing, big data analytics, AI, and other new tech fields with potential uses in defence and national securitywill be able to reap the benefits of the changes to the regulations..
The position under the new patent law
The new law will make it feasible to obtain UAE patents in the fields of national security or military defence. However, there some restrictions which have been put into place with regard to public disclosure and the ability to submit overseas patent applications. The fact that these inventions may be of military significance seems to justify any such restrictions.
Review Process by the UAE Patent Office and Ministry of Defence
Applications in the military defence or national security sectors will be handled differently by UAE patent office. UAE patent applications in these technological fields will be examined by UAE patent office staff, and copies of any patent applications the office deems to have applications in military defence and/or national security will be sent to the relevant ministry of defence department.
The Strasbourg Agreement Concerning the International Patent Classification (IPC) or any other classification that the UAE patent office deems appropriate will serve as the basic foundation for the classification. After reviewing the application, the UAE Ministry of Defence will decide within 90 days (or by the date set forth by the patent office) if it is prohibited from registering the patent(s) abroad or if confidentiality is required.
Considerations for Businesses
If you are a business owner planning on filing an application, then it is necessary that you seek advice from the appropriate UAE officials at the earliest. By doing so one can be sure of all the filing procedures to prevent any hassles in the later stages. It is also advised to make full disclosure of any plans to file applications abroad. If considered required, the patent office representatives must make sure they swiftly contact the Ministry of Defence, and the Ministry of Defence must make sure it promptly issues the decision within the allotted 90 days. This is so that, if the business is allowed to, it will have enough time to submit its claim within the priority 12-month term.
