United Arab Emirates is one of the Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC). An GCC patent is enforceable in United Arab Emirates regardless of whether the patent has been granted or not. During the application process, annuities are due and must be paid directly to GCC, not to the Copyright Department.
The rules that apply to a national Emirati patent and to an GCC patent in United Arab Emirates will be described in detail below.
Renewal fees in the United Arab Emirates must be paid by certain dates to either the GCC or to the Copyright Department, depending on where the patent was filed.
In this section, you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
If the patent was filed at the GCC, the first renewal is paid at the end of the first quarter of the year that follows the filing date to the GCC. This renewal must be paid regardless of whether the patent has been granted or not.
For example, if the filing date is 2022-09-20, then the first renewal must be paid by 2023-03-31
After the first renewal has been paid, all subsequent annuities must be paid annually at the end of the first quarter of each year.
For example, if the filing date was on November 9, then subsequent annuities will be due by March 31 each year.
If the patent was filed at the Copyright Department, the first renewal is paid 90 days from the examination date. This payment must cover all annuities that would have been due until that date, and it must be paid regardless of whether the patent has been granted or not.
For example, if the examination date is 2022-01-20, then the first renewal must be paid by 2022-04-20.
After the first renewal has been paid, all subsequent annuities must be paid annually on the anniversary of the filing date. The due date should be the month and date corresponding to the filing date.
For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 each year.
In the United Arab Emirates, there are other types of intellectual property besides patents. These include utility models and designs.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
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There are no annuities due in United Arab Emirates before the patent is examined. Once the patent has been examined, annuities must be paid annually in accordance with the rules described above under the section Due Dates.
The renewal fees in United Arab Emirates can be settled at any given time. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Yes, it is possible to renew an Emirati patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 12 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2022-05-31. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
No, local representation is not necessary in order to carry out a renewal in the United Arab Emirates. Anyone can renew a patent in the United Arab Emirates if they submit the payment in accordance with the national regulations.
A patent will stay in force for 20 years in the United Arab Emirates from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.