AN ATTEMPT TO REGISTER PATENT FOR TECH-INNOVATIONS IN UAE MILITARY DEFENSE

 

AN ATTEMPT TO REGISTER PATENT FOR TECH-INNOVATIONS IN UAE MILITARY DEFENSE

 

 

Intellectual property rights are designed to secure the interests and rights of inventors and ensures growth and expansion of any country. The unprejudiced and neutral system established by any country protecting IP encourages all inventors to publicly display their inventions for public benefit, which further generates wealth of any country and simultaneously increase welfare of any country.

UAE being an international business hub has time and again acknowledged the need securing IPR and has worked in the direction of maximizing profits of companies registered within UAE. Nevertheless, alike most countries, UAE former laws on patent protection denied patent protection in the field of national security and military defense, which might witness a change with the new regulation issued in June 2022 especially for companies or organizations working for military defense or national security.

The new regulation intends to bring the change in a way the patent rules work in the country for technologies or applications (for instance AI, data analysis, computing and, biotech) introduced for defense or security.

 

Let’s find out the Change!

 

The new law promises the companies and organizations to secure patents for applications and technologies created for military and national security, subject to certain restrictions. Having said that, these restrictions are mentioned under few provisions of the law which attempts to protect the public disclosure of such applications and possibility of foreign companies filing similar patents.

The restrictions are bifurcated in three different stages starting from ministry’s authority to determine the invention concerning military and security industries (Article 13). In the said provision the ministry will determine the application for patent submitted by the relevant applicant in accordance with the classification (based on Strasbourg Agreement) approved by the ministry. Upon classification the ministry shall send the same application to ministry of defense for review.

The ministry of defense upon receiving the application shall initiate the review (Article 14) of application and the attachment thereof within 90 days from the date of receiving the application. Any failure of the ministry to receive a response from ministry of defense within the said time-period will be construed as defense ministry’s unwillingness to maintain confidentiality of invention or restricting the inventor to submit application to any foreign country, leading us to the restriction mentioned in Article 15 of the law.

The foregoing article empowers the defense ministry to restrict an applicant for submitting the patent application to any other foreign country and can maintain confidentiality on such application for as long as it deems proper. Importantly, the law authorizes the applicant to seek adequate compensation from the ministry for the losses incurred due to restriction on patent filing under Article 14 or 15.

 

UAE Ministry of Defense- The guiding light!

 

It is apparent from the new law that no patent application in the field of military defense and national security will be registered without the approval of ministry of defense within the said time.  Importantly, application for patent will be first filed before the ministry of economy and then a relevant approval shall be received from ministry of defense.

For all business owners willing to file patent applications in UAE and overseas working in field of military will be required to engage with relevant ministry in the country. The new law does not offer an appeal process against the decision of ministry of defense and registering of patents in UAE and overseas leaves to the sole decision of this ministry, which is something that needs to discuss to ensure further protection. Nevertheless, the law empowers patent applicant to seek adequate compensation for restriction on filing IP protection in any foreign country. The determination of compensation is yet another concern that must be taken into consideration for establishing a proper standard of compensation.

Intellectual property lawyers of Dubai are already assisting numerous businesses or organizations registering patents and trademarks in UAE and now will be authorized to register patents for businesses in military and national security of UAE. Book a consultation today by either sending an email to info@bsb.legal or make a call on +971 508014003.