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What can and cannot be protected as a patent

WHAT CAN BE PROTECTED AS A PATENT

According t the UAE Federal Law No. 17 of 2002 the Patent shall be granted to every new invention arising form an innovative idea or a creative improvement of an innovation that is protected by a patent, in all technological spheres, and each of them shall be established on scientific basis, and can be exploited industrially; whether it shall be pertinent to new industrial products, or methods or created industrial means or a new application of known industrial methods and means.

The innovation shall be considered susceptible to industrial application if it shall be possible to apply or use it in any kind of industry in its widest meaning including in this agriculture, hunting, handicrafts, and services.

The application must be attached with one invention only or for a group of inventions that are interconnected in a way that shall form one new general innovative concept.

If it appears after the issuance of the patent, that the absence of the interconnection of the innovations condition, according to what is stipulated in the previous paragraph, then such a failure shall not be a reason to drop the patent.

The law protects the subject matter of a patent if it is:

  • A PRODUCT - to prevent third parties who do not have the owner’s consent, from the acts of making, using, selling, or importing that product.
  • A PROCESS - to prevent third parties who do not have the owner’s consent, from the acts of using that process and from selling or importing the product obtained directly by that process.
WHAT CANNOT BE PROTECTED AS A PATENT

The patent or the benefit certificate shall not be granted for the following:
  • Researches, species of plants or animals or biological methods of the reproduction of plants or animals. It shall be exempted from this Microbiology Sciences methods and their production.
  • Methods of diagnoses, treatment, and surgery which is necessary for the treatment of humans or animals.
  • Principles, discoveries, scientific theories and mathematical methods.
  • Plans, rules, methods followed-up to practice commercial businesses, to exercise mere mental activities, or any game.
  • Inventions from whose publication or exploitation a violation of the public code or ethics shall arise.
  • If it shall appear to the management, on the inspection of the patent application, its relation to national defense, the procedures stipulated in the executive regulations of this law shall be followed.