The United Arab Emirates (UAE) has taken a significant step in reshaping its industrial property landscape with the recent enactment of Ministerial Decision No. 112 of 2023. This decision introduces substantial changes to the fee structure associated with Federal Law No. 11 of 2021, focusing on the Regulation and Protection of Industrial Property Rights, and its implementing regulations under Ministerial Decision No. 6 of 2022. The amendments, impacting patents, utility models, industrial designs, and integrated circuits, aim to enhance the efficiency of the industrial property system in the UAE.
Key Amendments
New fees for services such as accelerated examination, re-examination for minor office actions, and post-grant examination have been introduced. These additions are designed to streamline the patent examination process, contributing to a more efficient and effective industrial property rights framework in the UAE.
The Decision also reinstates certain fees that were previously abolished. Notably, fees for publication, annuities, and the transfer of agent have been reintroduced. This reinstatement signals the evolving nature of the UAE’s approach to industrial property rights, emphasizing its commitment to maintaining a robust and fair system.
Limitation on the Number of Claims
Federal Law 11/2021 introduced a pivotal limitation on the number of claims allowed on patents, capping it at 50 per patent. Ministerial Decision 112/2023 addresses this restriction by establishing a tiered fee structure. The tiered approach, with three different examination fees based on the number of claims, aligns with international best practices. This ensures that the fee structure is equitable and reflective of the resources required for the examination process, promoting fairness and efficiency.
Effective Date and Publication
The Decision was officially published in the UAE’s Official Gazette on November 15, 2023. According to Article 4 of the Decision, the changes will come into effect two months post-publication, setting the effective date as January 15, 2024. This timeline provides stakeholders with a window to prepare for and adapt to the amended fee structure.
Ministerial Decision No. 112 of 2023 marks a significant milestone in the UAE’s journey towards refining its industrial property rights framework. The introduced changes not only address specific fees but also reflect the broader commitment to adapting to international best practices. By fostering an environment conducive to innovation and economic growth, the UAE aims to position itself as a global hub for technological advancement and industrial creativity. As the effective date approaches, everyone is encouraged to familiarize themselves with the amended fee structure to navigate the evolving landscape of industrial property in the UAE successfully.
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