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Legislative Implementation of Flexibilities - United Arab Emirates

Title:Articles 1, 4, 5 and 6 of the Patent Law No. 44 of 12/10/1992-1413
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

Article (1) Utility Certificate:-

A deed of protection being issued by the Administration of Industrial Property in the name of this state for an invention that does not result from intellectual effort sufficient for granting a letters patent.

Article (4)

A letters patent shall be awarded to any new invention resulting from an innovative idea or inventive step in all fields of technology, provided that such an idea or inventive step has a scientific basis and is capable of industrial application. The invention shall be deemed industrially applicable in its broadest term if used or utilized in such fields as agriculture, fisheries, handicrafts, and services. The application must be restricted to one invention only or to a group of interrelated inventions yielding one general innovative concept. If it is evident after the issuance of the letters patent that the condition of interrelationship has not been met in accordance with the aforementioned statement, then such an evidence shall not negate the patent.

Article (5)

A utility certificate may be issued for new inventions capable of industrial application but having no innovative character warranting patentability. Upon request of the inventor or his legal representative, the utility certificate shall also be issued for the invention satisfying the conditions provided for in article ( 4 ).

Article (6)

1) No letters patent or utility certificate shall be issued for the following: -

a) Plant varieties, animal species, or biological methods of producing plants or animals. Exceptions shall be allowed for the microbiological methods and their products.

b) Diagnostic methods, treatments, and surgical operations needed for humans and animals.

c) Scientific and Mathematical principles, discoveries and methods.

d) Guides, rules or methods followed to conduct business or perform mental activities or play games.

e) Invention that may lead to violation of the public order or morals.

2) If it is evident to the administration upon examination of the patent application that the scope of the invention relates to the national defense, then the procedures provided for in the implementing regulations of this law shall be undertaken thereon

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