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The patent law in Sharjah, as part of the United Arab Emirates (UAE), is governed by Federal Law No. 31 of 2006. It provides protection for inventions that are new, involve an inventive step, and are applicable in industry or agriculture. Patent law promotes innovation and creativity and grants a monopoly advantage to the patent holder, giving them the legal right to prevent others from manufacturing, using, or selling the patented invention for up to 20 years from the date of filing the application.
Understanding and navigating the intricacies of patent law can be complex. You may need a lawyer to help draft your patent application or to ensure that your innovation meets the criteria for patentability, i.e., novelty, inventive step, and industrial application. Moreover, a lawyer can assist in enforcing patent rights and address infringement issues to protect your interests and maximize your intellectual property's economic potential. In complex areas like licensing and cross-border issues, a lawyer's advice is pivotal to ensure you remain compliant with local and international law.
In the UAE, patents are administered by the Ministry of Economy. A patent application in Sharjah undergoes rigorous examination for conformity with patentability criteria. The patent law does not cover scientific theories, mathematical methods, diagnostic methods, plants, and animals apart from microorganisms. Also, inventions causing harm to public order or morality are non-patentable. Upon approval, a patent is valid for 20 years, and during this period, the patent holder has exclusive rights over the use and benefits of the invention.
The patent granting process may take from 2 to 5 years, depending on the nature of the invention and the examination process's complexity.
If your patent is infringed, the law allows you to file a lawsuit. You might be entitled to receive damages if the court rules in your favor. It is advisable to seek legal assistance to ensure your rights are effectively protected.
No, patents cannot be renewed. In the UAE, a patent is valid for 20 years from the application date and cannot be extended beyond this term.
A patent granted in the UAE is only enforceable within the national boundaries unless you have also filed for patent protection in other jurisdictions under international treaties like the Paris Convention or the Patent Cooperation Treaty.
Key details include the title of the invention, a detailed description, claims defining the scope of protection, abstract, and if the invention is complex, relevant diagrams or drawings. Personal or institutional details of the applicant are also required.
For more information and support, prospective applicants can reach out to the Intellectual Property Protection Department within the UAE's Ministry of Economy. Besides, the Emirates Intellectual Property Association (EIPA) offers valuable resources and guidance on IP rights, including patents. Moreover, numerous legal firms specialize in patent law and can be contacted for assistance.
If you consider patenting your invention, it is advisable to consult with a patent attorney or a specialist in intellectual property law. They can guide you through the process, ensuring your application is correctly drafted and your rights are adequately protected. Upon deciding to proceed, you can file your patent application with the Ministry of Economy, either directly or through your lawyer.
