There have been recent updates regarding UAE patent application procedures that may affect your ongoing or future patent applications, utility models and industrial design applications. A new Ministerial Decision, No. 112 of 2023, was issued by the UAE Cabinet in November 2023. This decision introduces key changes listed below, amends the official fees associated with Federal Law No. 11 of 2021 and came into effect on January 15, 2024.

The key changes introduced by this legislation are:

• Introduction of a New Applicant Category: The UAE Patent Office hasintroduced a new category of applicant, namely 'small or medium-sized businesses (SMEs) and academic institutes.' UAE-based applicants falling within this category will now benefit from a 50% reduction in fees for all services. The Decision does not provide any clarification on what qualifies an entity as an 'SME', but officials have made clear that only UAE-based applicants can qualify under this category
• Tiered Fee Structure for Substantive Examination Fees: A tiered fee structure for substantive examination fees has been introduced for UAE patent applications. The fees vary based on the total number of claims in the application.
• Introduction of Expedited Examinations: Applicants now have the option to request expedited examination, re-examination for minor office actions and post-grant examination for a fee of AED 2,000 [USD 545] for companies and individuals. Applicants using this route can expect the first examination report to be issued in as little as six months – compared to approximately 12-18 months for standard examination timescales. We note that this option is only available for the first examination round.
• Reinstatement of Official Fees: Several official fees that were previously cancelled by the UAE Patent Office, including annuity fees and fees for publication, grant, recording changes to the application and transfer of agent - all of which have been reinstated. The officials have confirmed that UAE applications will not lapse for failure to pay official annuity fees, but applicants will be required to pay monthly late payment fines in addition to the accumulated annuity fees to progress their applications.
• Restoration of Lapsed Applications: Applicants will have 9 months to restore UAE applications that lapse for failure to meet deadlines.
• Publication of Applications at 18 Months: UAE applications will now become publicly available 18 months from the first filing. Furthermore, Applicants will be able to view pending UAE applications, granted patent claims and directly access certified copies of UAE documents (in English and Arabic) at no cost on the new e-filing system

These changes signify significant advancements in the UAE patent system, aiming to enhance transparency, accessibility, and support for innovation. If you’d like more information or wish to speak with one of our expert lawyers to discuss how these changes impact you and your Intellectual Property, please do not hesitate to contact us at admin@bankslegal.com