Before a patent is granted, a number of requirements need to be fulfilled. These terms are briefly outlined below and are described in Article 5 of the Patents Law.
It ought to be a brand-new creation. A technical term for a creative concept that relates to a product or a technique of production and is intended to address a specific issue in that industry is invention. If there is no prior technology that made the invention available to the public prior to the patent application, the invention is considered to be “NEW.” However, if this information was disclosed to a third party within a year of the application date, there would be no negative consequences. The new innovation should be the outcome of an inventive idea or improvement that comprises two steps:
(A) A creative step
(B) A step that can be used in the industrial setting.
If an innovation is deemed unclear by the typical expert, it would be considered to have through a creative process. If an invention may be produced or used in any industry, it has an industrially relevant stage.
Exist any situations where a patent won’t be granted?
Yes. Lawyers by Top Law Firms in Dubai and UAE, have listed the following cases. According to Article 7 of the Patents Law, a patent will not be issued in the following circumstances, among others:
- Species of plants or animals.
- Production of animals or plants using biological processes.
- Surgical, therapeutic, and diagnostic procedures
- Ideas, Hypotheses, Findings, and Mathematical Techniques from science.
- Play games or only mental tasks.
How Do I Get a Patent?
According to Article 11, the application for a patent must be submitted to the Ministry of Economy with the necessary applicant information, the abstract and description of the patent, the elements of protection, and the applicable fees. Arabic and English must both be used when filing applications and attachments. The Ministry will review the application in accordance with Article 13.
The following are exempt from the application of the procurement law;
- Medicines and military procurement.
- Department of State Security and the Ministry of Defense.
- Federal organizations that are party to or have duties under international contracts relating to their procurement activities
- Several budgetary fixed assets related to ongoing construction.
- Partnership agreements that are categorized as partnership projects include those with the business sector.
- The council of ministers has the authority to exclude any federal organization from any terms of the UAE Procurement Law.
Article 25 of the UAE Procurement Law recognizes many procurement techniques, such as tenders, direct solicitations, competitive discussion, and contests, among others, and lays out the steps to be taken while using each technique. Lawyers in Sharjah, Dubai and Abu Dhabi have a long list of these. If needed to know, do go to them in need of time.
Alternative: Public-Private Partnership
Public-private partnerships, or PPPs, have received significant support recently in addition to public procurement. PPP is a legal agreement between a governmental body and a private organization to carry out a public project. The project being produced typically determines the extent of the relationship between the parties.
PPP could be implemented through service agreements, management agreements, finance leasing agreements, concession agreements, BOT and BOOT agreements, etc. All public-private partnerships (PPPs) are risk-based, with the type and degree of risks varying depending on the project being conducted. PPP agreements are frequently long-term.
PPP also encourages international investment and the nation’s economic expansion. Cabinet Decision No. 2/2017, published by the UAE government, lays forth a comprehensive set of policies and procedures for working with the private sector.
The applicable law for PPPs to be founded in Dubai is Dubai Law No. 22 of 2015. The regulation of PPP in Abu Dhabi is also covered by Abu Dhabi Law No. 2 of 2019 and Abu Dhabi Administrative Decision No. 179 of 2020.
Ports and Terminals in the UAE.
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