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UAE

Cedar White Bradley IP LLC Burj Al Salam, 47th Floor, 2 Sheikh Zayed Road, PO Box 66300, Dubai, Tel: (971) 4 3816888 By Tamara El-Shibib and E: [email protected] – Tel: (971) 4 381 6825 David Harper E: [email protected] – Tel: (971) 4 381 6840 E: [email protected] W: www.cwblegal.com

Patent filing strategies in the GCC UAE patent office, through the PCT system or at the GCC patent office.

f you are interested in protecting your technol- Filing at the GCC Patent Office I ogy in the region, the question shouldn’t be The GCC Patent Office is a regional patent office where to patent your technology but how. “If you are interested in based in established under the Any idea capable of demonstrating a degree protecting your technology GCC Patent Regulation in 1992. The Office of inventiveness and novelty is potentially patent- receives and examines GCC patent applications able. In addition to higher profits gained from in the region, the question which, upon grant, are purportedly valid in all six dominating a market, a strong patent portfolio shouldn’t be where to GCC states. Although the GCC official filing fees can provide access to complementary technol- are higher than those of the national offices, ogy and new markets. For those looking to patent your technology applicants have the benefit of a unified filing and develop or commercialise their technology in the but how” examination process. Long-term costs are also (GCC) region, under- reduced as applicants pay one set of annuity fees. standing the options for securing patent protec- In addition, the GCC Patent Office has been tion is key. of countries (153 member states) simplifying the speeding up its examination procedures in recent There are three routes to securing patent filing process and eliminating the high cost of years with some applications being granted in as protection in the GCC, each differing in cost meeting translation and legalisation requirements little as 18 months. and length. An application can be filed at the in every state. In short, filing and maintaining a patent port- national patent office of any GCC state; through An applicant filing through the PCT system folio is a major investment. An applicant’s filing the international Patent Cooperation Treaty can submit the application to any PCT ‘Receiving strategy should largely depend on whether they (PCT) filing system; or at the regional GCC Office’ or directly to the International Bureau wish to exploit the patent for commercial or Patent Office. (IB) at WIPO. Currently in the GCC, the Patent defensive purposes, the value proposition, pat- Offices of , , and Saudi enting budget, and market entry strategy. Filing at a national patent office Arabia are listed as Receiving Offices for interna- Although the PCT route is more expensive, in the GCC tional applications. many applicants opt to go down this route All GCC states have a national patent office At 30 months from filing, the application because of the automatic designation of member which is generally located in a ministry depart- enters the ‘National Phase’ at which time the states and the valued International Search Report ment and handles IP registrations. Official fees applicant must confirm the countries for protec- (ISR) published after 18 months. The PCT route are published on the ministry websites. In all tion by forwarding the application to the desig- also gives applicants more time to designate cases, a local patent agent must be appointed to nated patent offices and meeting the relevant countries for protection, delaying the associated file national applications. A full copy of the appli- national filing requirements. national filing costs. cation in English is required at the time of filing, As of September 2016, all six GCC states are Given the size of the individual GCC mar- with Arabic translations late filed. The average members of the PCT so an application filed kets and their similar demographic and geo- time from filing to grant is three to four years through the PCT system can designate all GCC graphic characteristics, a technology that is however this can vary greatly among the national states for protection. Although all the GCC states commercially applicable in one GCC state is patent offices. are members of the PCT, the GCC Patent Office likely to be relevant in all GCC states. So, if you is not a member of the PCT. are interested in protecting your technology in Filing through the PCT Patents are territorial, although they can be the region, the question shouldn’t be where to The PCT is an international patent filing system granted by national or regional patent offices, patent your technology but how. administered by the World Intellectual Property enforcement is only on a national basis. The pro- Ultimately, each filing route has advantages Organisation (WIPO). By filing a single interna- tection afforded by a patent is the same regardless for an applicant in terms of length and cost and tional application under the PCT, applicants can of the filing route chosen. A patent in the UAE has therefore the decision will largely depend on their simultaneously seek protection in a large number the same protection whether it was filed at the overall objectives.

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