Cabinet Resolution No. (6) of 2022 Concerning the Executive Regulations of Federal Law No. (11) of 2021 Concerning the Regulation and Protection of Industrial Property Rights
Article 1 — Definitions ¶
The definitions set out in Federal Law No. (11) of 2021, referred to above, shall apply hereto. In addition, "Law" means Federal Law No. (11) of 2021 ...
Article 2 — Calculation of Periods ¶
The periods stipulated herein shall be calculated as follows: 1. If a period is stated in days, the ...
Article 3 — Extension of the Periods Set by the Ministry ¶
1. If the Law or this Resolution stipulates a minimum period of time for an Industrial Property procedure ...
Article 4 — Cessation, Suspension and Resumption of Procedures ¶
1. Any Industrial Property procedure that is under consideration in the Ministry shall be suspended:
a. If a natural person who is a party dies. b. If a legal person who is a party ceases to exist. c. ...
2. When the procedure that is under consideration in the Ministry is suspended pursuant to Clause (1) ...
a. In the event that Paragraph (a) of Clause (1) of this Article applies, the descendant of the deceased ...
3. If the procedure suspended pursuant to Item (2) of this Article is not resumed within six (6) months ...
Article 5 — Delivery of Documents ¶
1. Any document sent by the Ministry shall be received by the relevant parties of the procedure. 2. ...
Article 6 — Appointment of Representatives ¶
1. A party may, at any time, appoint a Registration Agent as its legal representative for the Industrial Property ...
Article 7 — Ratification of Acts of Persons Lacking Legal Capacity ¶
When a person lacking legal capacity submits an Industrial Property procedure, the person who has legal ...
Article 8 — Representation of Two or More Persons ¶
1. When two or more persons jointly submit an Industrial Property procedure, each of them shall be deemed ...
a. Assignment or waiver of an Industrial Property right and any application related thereto. b. Abandonment ...
Article 9 — Microorganism Depositary Authority ¶
1. The Ministry may register any entity in the State as a depository authority for microorganisms under ...
a. The entity must have the necessary human resources and equipment for the safe conservation and preservation ...
2. Any entity wishing to be registered as a depository authority for microorganisms shall submit an application ...
Article 10 — Deposit of Microorganisms ¶
1. The Ministry may require the applicant for a Patent to deposit the microorganisms with any of the following ...
a. The Microorganism Depository Authority registered with the Ministry in accordance with Article (9) ...
2. The applicant shall state the deposit information in the application description and provide the ...
Article 11 — Furnishing of Samples of Microorganisms ¶
1. A person who wishes to obtain a sample of a deposited microorganism for the purposes of testing or ...
Article 12 — Applications Related to Nucleotide and Amino Acid Sequences ¶
If nucleotide and amino acid sequences are disclosed in a Patent application, they shall be represented ...
Article 13 — Identification of Inventions Related to Security and Military Industries ¶
1. The Ministry shall identify the Patent applications related to security and military industries when ...
Article 14 — Review by the Ministry of Defense ¶
1. The Ministry of Defense shall review the application and its attachments received from the Ministry ...
Article 15 — Prohibition of Applying to a Foreign State and Maintaining Confidentiality ¶
1. The Ministry of Defense may prevent the owner of an Invention related to security and military industries ...
Article 16 — Compulsory Transfer of the Invention to the Rightful Owner ¶
1. The owner of the right to the Invention who requests the transfer of a Patent application, Patent ...
a. Written application to transfer the application, Patent or Utility Model Certificate thereto. b. ...
2. The Ministry shall notify the other party of the application, provide him with a copy of the supporting ...
Article 17 — Undisclosed Inventions ¶
1. In the event that an Invention is disclosed to the public by the inventor or others who are aware ...
Article 18 — Principle of Priority of Filing ¶
1. If more than one application is filed for the same Invention, only the applicant who has filed his ...
a. The applicant agreed on by all applicants for a Patent or Utility Model Certificate shall obtain ...
Article 19 — Application for a Patent or Utility Model Certificate and its Attachments ¶
1. The application for a Patent or Utility Model Certificate shall include the following information:
a. Name of the Invention. b. Name and address of the applicant. c. Name and address of the inventor ...
2. The applicant shall provide a description of the Invention that gives enough detail to identify the ...
a. Description of the technical field to which the Invention relates. b. The prior art which, as far ...
3. The applicant may submit drawings and illustration, but may not submit or modify the drawings so as ...
a. A copy of the commercial register extract or an official extract of the partnership agreement or ...
6. The documents stipulated in Paragraphs (a), (b) and (c) of Item (5) of this Article shall be approved ...
Article 20 — Verification of Applications ¶
1. The applicant shall, at least, submit a description of the Invention, in English or Arabic, in accordance ...
Article 21 — Submission of Missing Documents and Legal Examination ¶
1. The applicant shall submit the documents stipulated in Items (4) and (5) of Article (19) hereof or ...
Article 22 — Formulation of Claims ¶
The following shall be considered in the formulation of claims:
a. The claim shall be related to a product or method. b. The number of claims shall be reasonable in ...
Article 23 — Format of Drawings ¶
1. The following shall be considered in the drawings:
a. The drawings shall be clear enough to best reflect the technical feature and can be enhanced with ...
2. A Patent or Utility Model Certificate may not be revoked through post-grant re-examination or invalidation ...
Article 24 — Priority Claim ¶
1. The applicant may request, add, or amend a priority claim before publishing the application or registration ...
Article 25 — Register of Patents and Utility Model Certificates ¶
The register of Patents and Utility Model Certificates shall include the following: a. The information ...
Article 26 — Scope of Correction and Amendment of Applications ¶
1. The applicant may correct any clerical or arithmetic errors in the application and its attachments ...
Article 27 — Issuance of a Certified Copy of the Priority Claim Application ¶
A certified copy of the application with the filing date may only be issued to the applicant or a person ...
Article 28 — Interrelatedness of Inventions ¶
1. For filing an application relating to a group of interrelated Inventions in accordance with the provisions ...
a. The Inventions shall be technically related to each other. b. The Inventions shall have the same ...
2. The Ministry may ask the applicant to select one group of Inventions at any time before granting ...
Article 29 — Division and Conversion of Applications ¶
1. An applicant for a Patent or Utility Model Certificate may, while the original application is under ...
Article 30 — Withdrawal of Applications ¶
1. The applicant or his legal representative may submit a written request for the withdrawal of his ...
Article 31 — Voluntary Transfer of Applications and Patents to Third Parties ¶
1. A Patent applicant or Patent owner may transfer his application or Patent to a third party by submitting ...
Article 32 — Publication of Patent Applications ¶
1. The Ministry may publish the Patent application and related information in whole or in part to disclose ...
a. The date of submitting the application to the Ministry. b. The date of filing the original application ...
3. Notwithstanding the provisions of Clause (1) of this Article, the Ministry may not publish or disclose ...
Article 33 — Invitation for Substantive Examination ¶
1. The Ministry shall invite the applicant to pay the examination fee after completing the legal examination ...
Article 34 — Submission of the Examination Result by other Patent Authorities ¶
The Ministry may ask the applicant to submit the results of the examination conducted in any of the ...
Article 35 — General Examination ¶
1. Any person may submit information and opinions about the inadmissibility of an application by the ...
Article 36 — Assignment for Prior Art Search ¶
The Ministry may assign a foreign Patent authority, or a local or foreign institute specialized in prior ...
Article 37 — Amendment Request ¶
1. The Ministry may request the applicant to correct any formal defects, complete payment of fees for ...
Article 38 — Rapid Examination ¶
1. The Ministry may, sua sponte or at the request of the applicant, expedite the examination of the ...
Article 39 — Substantive Examination ¶
1. The Ministry shall examine the application for a Patent or Utility Model Certificate and its attachments ...
a. The application has been filed by a natural or legal person enjoying the nationality of the State ...
2. The Ministry shall inform the applicant of the reasons for not accepting the application in case ...
Article 40 — Sua Sponte Amendments ¶
1. The Ministry may, if it finds a clear clerical error in the description, claims, and drawings related ...
Article 41 — Registration Decision and Publication ¶
1. The Ministry shall accept the application if it finds that the requirements stipulated in Clause ...
Article 42 — Post-Grant Re-Examination ¶
1. Any person may submit a request to the Ministry for post-grant re-examination to request deregistration ...
Article 43 — Post-Grant Amendment ¶
1. The owner of a Patent or Utility Model Certificate may, after paying the due fees, correct any clerical ...
Article 44 — Registration Certificate ¶
1. The Ministry shall issue a registration certificate for the Patent or Utility Model Certificate as ...
a. Application number and filing date. b. Number and date of the ministerial decision issued to grant ...
2. The Patent certificate shall be signed by the Minister or whoever he delegates. 3. In the event of ...
Article 45 — Annual Fee ¶
1. The applicant shall pay the annual fee at the beginning of each year starting from the year following ...
Article 46 — Scope of Protection ¶
The scope of protection for a registered Patent shall be determined according to the claims.
Article 47 — Transfer of Rights ¶
1. The holder of the right of transfer under Article (34) of the Law shall submit the written agreement ...
Article 48 — Compulsory Licenses Issued by the Court ¶
1. The court shall ascertain that the applicant for a Compulsory License meets the requirements stipulated ...
Article 49 — License Registration and Publication ¶
1. The Compulsory License shall be recorded in accordance with Articles (29), (30) and (31) of the Law ...
a. Names and addresses of the licensor and licensee. b. Scope and term of the license. c. Terms and ...
2. The Ministry shall publish the information stipulated in Clause (1) of this Article of the Compulsory ...
Article 50 — Grievance Before the Committee ¶
1. Any interested party may submit a petition to the Committee to cancel the Ministry's decision issued ...
Article 51 — Mandatory Post-Grant Re-Examination Before Filing a Grievance to the Committee ¶
1. As an exception to Clause (1) of Article (50) hereof, any person who objects to the registration ...
Article 52 — Cancellation by Court ¶
1. Pursuant to Articles (35) and (74) of the Law, the concerned party who has a substantial interest ...
a. He has a substantial interest in the registration of the Patent or related rights. b. The registered ...
3. The right related to the Patent has been unduly granted, in the event of a request to invalidate ...
Article 53 — National Registration of International Applications in the State ¶
1. If an applicant wishes to enjoy the effects of the international application provided for in Clause ...
a. Submit a request to specify the information stipulated in Paragraph (F) of Clause (1) of Article ...
2. In the event that the applicant does not file a national application in the State in accordance with ...
a. The delay in meeting the time limit is unintended or has occurred despite due diligence. b. The applicant ...
4. If the Ministry finds reasons for rejecting the application submitted in accordance with Clause ...
Article 54 — Filing an International Application with the Ministry ¶
1. Any of the following persons, whether natural or legal persons, may file an international application ...
a. Citizens of the State. b. Foreigners residing or having a place of business in the State. c. Persons ...
2. A person filing an international application shall file the application with description, claims ...
a. An indication that the application is an international application filed under the PCT. b. Designation ...
4. The description referred to in Item (2) of this Article shall clearly explain the Invention in detail ...
Article 55 — International Application Fees ¶
A person intending to file an international application shall pay the applicable fees, including international ...
Article 56 — Applicability of Provisions in the Absence of a Special Provision ¶
Where no special provision is made in this Resolution, the provisions of Patents shall apply to Utility ...
Article 57 — Industrial Design Registration Application ¶
1. The Industrial Design registration application shall include a set of data, including:
a. The title of the design. b. The name and address of the applicant. c. The name and address of the ...
2. The following documents shall be attached to the application upon filing or upon division of the application:
a. Drawings. b. Description of drawings. c. Illustration, and the Ministry may choose the illustration ...
3. The applicant shall submit the following documents, as the case may be:
a. A copy of the commercial register extract or an official extract of the partnership agreement or ...
4. The documents stipulated in Paragraphs (a), (b) and (c) of Clause (3) of this Article shall be duly ...
Article 58 — Verification of Design Applications ¶
1. The applicant shall submit on the filing date, at least, drawings showing the design, either in English ...
Article 59 — Submission of Missing Documents and Examination ¶
1. The applicant shall submit the documents stipulated in Paragraphs (b) and (c) of Item (2) and Clause ...
Article 60 — Format of Industrial Design Drawings ¶
The following shall be considered in the Industrial Design drawings: 1. Each design shall include black ...
Article 61 — Design Priority Claim ¶
1. The applicant may add or amend a priority claim before publishing the application or registration ...
Article 62 — Number of Designs and Division of Applications ¶
1. An Industrial Design application shall contain only one design. 2. As an exception to Clause (1) ...
Article 63 — Examination of Industrial Design Applications ¶
1. The Ministry shall examine the Industrial Design application to verify that the following have been ...
a. The application has been filed by a natural or legal person enjoying the nationality of the State ...
2. In the event that the application does not meet the requirements stipulated in Clause (1) of this ...
Article 64 — Applicability of Provisions in the Absence of a Special Provision ¶
1. Unless otherwise stipulated by a special provision in this Resolution, the provisions of Patents ...
Article 65 — Refusal to Register a Contractual License ¶
1. In the event that the Ministry finds that the contractual license abuses an Industrial Property right ...
Article 66 — Applications for Registration of Layout-Designs of Integrated Circuits ¶
1. Any person who has created a Layout-Design of Integrated Circuits, or his legal successor, may file ...
a. The name of the Layout-Design. b. The name and address of the applicant. c. The name and address ...
3. The Layout-Design application shall be accompanied by the following documents upon filing the application:
a. A computer-readable electronic file with two- or three-dimensional structures of the Layout-Design ...
4. The applicant shall submit the following documents, as the case may be:
a. A copy of the commercial register extract or an official extract of the partnership agreement or ...
5. The documents stipulated in Paragraphs (a) through (c) of Clause (4) of this Article shall be duly ...
Article 67 — Submission of Missing Documents ¶
1. The applicant shall submit the documents stipulated in Clause (4) of Article (66) hereof within the ...
Article 68 — Examination of Applications for Layout-Designs of Integrated Circuits ¶
1. The Ministry shall examine the application and its attachments to verify that the following have ...
a. The application has been filed by a natural or legal person enjoying the nationality of the State ...
2. In the event that the application does not meet the requirements stipulated in Clause (1) of this ...
Article 69 — Confidentiality of the Layout-Designs of Integrated Circuits ¶
The Ministry shall take the necessary measures to ensure the integrity and confidentiality of the documents ...
Article 70 — Applicability of Provisions in the Absence of a Special Provision ¶
1. Unless otherwise stipulated by a special provision in this Resolution, the provisions of Patents ...
Article 71 — Terms of Protection of Undisclosed Information ¶
1. Undisclosed information shall be protected against illegal use, disclosure, or publication by others ...
a. Keeping documents or any other media containing undisclosed information in a manner that ensures ...
Article 72 — Registered Agents ¶
Only Registration Agents whose names are entered in the list of Registration Agents shall be allowed ...
Article 73 — Application for Registration of Registration Agents ¶
1. A natural person who wishes to be registered in the list of Registration Agents maintained by the ...
a. A copy of a valid Emirates ID card. b. A copy of a valid business license. c. Certificate of bachelor's ...
2. A company or partnership that specializes in Industrial Property and has its headquarters or branch ...
Article 74 — Registration of Registration Agents ¶
1. The Ministry shall record the information related to the application for registration of the Registration ...
Article 75 — Publication of Registered Agent Lists ¶
1. The Ministry shall disclose the names of registered agents in the list of Registration Agents which ...
Article 76 — Duties of Registration Agents ¶
1. A Registration Agent recorded in the register shall do the following:
a. Notify the Ministry immediately of any change in the headquarters address, e-mail, phone number ...
Article 77 — Investigation and Deregistration of Registration Agents ¶
1. The Ministry may, sua sponte or based on a complaint filed therewith, carry out an investigation ...
Article 78 — De-listing of Registration Agents ¶
1. The Registration Agent shall be de-listed from the list of Registration Agents in the event of his ...
Article 79 — Fees ¶
1. The Ministry shall take the appropriate measures to refund the fees to their payers, upon the request, ...
a. Fees paid in error. b. Parts of the annual fees for the years subsequent to the year of complete ...
2. The Cabinet shall issue a decision regarding the due fees stipulated in the Law and this Resolution ...
Article 80 — Access and Copies of Documents ¶
1. The Ministry may allow any person to have, upon request, access to the information related to any ...
Article 81 — Industrial Property Bulletin ¶
1. The Industrial Property Bulletin shall include the following:
a. Decisions and documents attached thereto. b. Publication of applications. c. Registration of Industrial ...
2. It shall be prohibited to publish in the Industrial Property Bulletin any topics that would be considered ...
Article 82 — Publication and Entry into Force of the Resolution ¶
This Resolution shall be published in the Official Gazette and shall enter into force ninety (90) days ...
Unofficial text extracted from public documents; formatting and completeness are not guaranteed. Verify against the official source. In case of conflict, the Arabic text prevails. Not legal advice. Official source ↗