PCT NATIONAL PHASE ENTRY
United Arab Emirates

Knowledge and innovation are recognized as pivotal elements driving the UAE’s economic growth in both the short and medium term. The UAE is anticipated to sustain its leadership in attracting direct foreign investment in technological sectors and in promoting local innovation. Although patent applications in the UAE cover a broad spectrum of industries, they are predominantly concentrated in information technology, petrochemicals (including innovations in mechanical and chemical fields), and pharmaceuticals. These traditional sectors are expected to continue their expansion within the UAE. Additionally, it is noteworthy that the UAE became a contracting state of the Patent Cooperation Treaty (PCT) on March 10, 1999, further reinforcing its commitment to international intellectual property standards and innovation.

The major requirements and procedure to file a patent application in UAE are mentioned below:

The time limit for the UAE PCT national phase entry is 30 months from the priority date.

In UAE, the official language for filing patent application is Arabic and English. If the international application is in a different language, providing a translation into Arabic and English is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The timeframe to file national phase applicaton cannot be extended. Rather documents required for filing the application can be submitted before the UAE Patent Office within 90 days (3 months) from the national filing date.

The documents required for filing the national pase application in UAE are:

1. Power of Attorney: An original of the notarized POA must be submitted.
2. Deed of Assignment: Submission of his document is required if the applicant is not the inventor. A notarized deed of assignment is necessary.
3. Certificate of Incorporation: If the applicant is a corporate body, a notarized certificate of incorporation or articles of association is also required to be submitted. Legalization thereof is not required.

The fee for filing a national phase application in the specified country is AED 2,000 for corporate entities, reflecting the standard cost associated with the application process for businesses. In contrast, individual applicants are eligible for a substantial discount of 50% on this fee. As a result, the reduced cost for individuals to file their national phase application amounts to AED 1,000. This differential fee structure is designed to ease the financial burden on individual applicants, offering them a significant cost saving compared to the standard rate charged to companies.

Upon the completion of all formal requirements and submission of the necessary documents, the Patent Office issues a formal notice confirming the acceptance of the application. This notice will also include a request for the payment of examination fees, which must be settled within 90 days from the receipt of the notification regarding the favorable outcome of the formal examination.

In accordance with the agreement between the UAE Patent Office and the Korean Patent Office, the responsibility for conducting the substantive examination of applications submitted to the UAE Patent Office falls under the purview of the Korean Patent Office. This collaborative arrangement ensures that the substantive review of patent applications is handled by the designated authority in Korea, in line with established protocols.

Renewal fees for the application become payable beginning in the year following the international filing date. These fees must be settled within a six-month period starting from the due date. During the first three months of this period, no late fees are incurred. However, for the subsequent three months, renewal payments are subject to additional late fees for each month of delay. If the renewal fees are not paid within this six-month timeframe, the application will be deemed lapsed. Despite this lapse, the application can be reinstated by paying the requisite reinstatement fees, along with any outstanding annuity fees and applicable late fees.

If the prosecution process proceeds without issues, the average duration to obtain a patent in the UAE is approximately two years. Once granted, the patent provides protection for a period of 20 years, commencing from the UAE filing date. It is important to note that the term of the patent is fixed and cannot be extended beyond this 20-year period.

The Global Innovation Index (GII) evaluates and ranks global economies based on their capacity for innovation, according to which the United Arab Emirates is ranked 32nd globally with a score of 43.2 out of 132 countries assessed in the year 2023. The UAE has shown notable progress in several key areas, including Infrastructure, Human Capital and Research, and Business Sophistication.

In addition to its overall ranking, the UAE excels in three specific indicators, where it holds the top position:

• Cost of redundancy dismissal
• Tertiary level inbound mobility
• Entrepreneurship policies and culture

Within the category of high-income economies, the UAE is ranked 31st out of 50 nations. Furthermore, it ranks 3rd among the 18 economies in Northern Africa and Western Asia.