The United Arab Emirates (UAE) has recently enacted significant changes to its industrial property rights fees structure with the issuance of Ministerial Decision No. 112 of 2023. This decision amends the official fees associated with Federal Law No. 11 of 2021, concerning the Regulation and Protection of Industrial Property Rights, and its implementing regulations under Ministerial Decision No. 6 of 2022, impacting patents, utility models, industrial designs, and integrated circuits.
Key among the amendments is the introduction of new fees for services such as accelerated examination, re-examination for minor office actions, and post-grant examination. These changes aim to streamline the patent examination process and enhance the efficiency of the industrial property system in the UAE.
In a notable shift from previous practices, the Decision also reinstates certain fees that were previously abolished. This includes fees for publication, annuities, and the transfer of agent. Such reintroductions are indicative of the evolving nature of the UAE’s approach to industrial property rights and its commitment to maintaining a robust and fair system.
An important aspect of Federal Law 11/2021, which remains impactful, is the limitation imposed on the number of claims on patents. The law caps the number of claims at 50 per patent. Ministerial Decision 112/2023 takes this into account by establishing a tiered fee structure, with three different examination fees based on the number of claims. This tiered approach aligns with international best practices and aims to ensure that the fee structure is equitable and reflective of the resources required for the examination process.
The Decision was officially published in the UAE’s Official Gazette on November 15, 2023. According to Article 4 of the Decision, these changes will come into effect two months post-publication, which sets the effective date as January 15, 2024.
This amendment to the fee structure is a significant development for stakeholders in the field of industrial property in the UAE. It reflects the country’s ongoing efforts to align its intellectual property laws and practices with international standards, and to foster an environment conducive to innovation and economic growth.
For more detailed information and guidance on how these changes might affect your business or intellectual property rights, please reach out to us at news@sabaip.com.