The UAE Cabinet of Ministers issued Cabinet Resolution No. (112) of 2023, focusing on services provided by the Ministry of Economy, especially in the areas of patents, industrial designs and utility models. The revised charging structure for various services will be affected, including annual fees, announcements, transfers, corrections, application for restoration and other service charges. The resolution is scheduled to take effect on January 15, 2024.
Key highlights of these fee adjustments include:
Substantive examination based on claim category:
One significant change involves adjusting substantive examination fees based on the number of claims. The new classification consists of three categories (claims 1-10, claims 11-30 and claims 31-50), which simplifies the examination process and is capped at 50 claims per application.
Fees based on applicant status:
Fees will now be classified based on the status of the applicant, dividing them into four categories: natural persons, companies, academic institutions and small and medium-sized enterprises.
Introduction of annual maintenance fees:
It is worth noting that a new annual maintenance fee has been added this time. During the 20-year protection period of the patent, the annual maintenance fee needs to be increased every five years.
Introduction of new services:
Fees have been adjusted for new services such as expedited review, minor error correction (instead of issuing a new review report), post-grant correction and post-grant review. These changes are intended to increase the flexibility and efficiency of the patent examination process.
Time limits for reinstating lapsed applications:
Lapsed patent applications can now be reinstated or revalidated within nine months from the date of lapse, subject to payment of prescribed fees.
Monthly late payment fees for late payment fees:
Late payments for industrial property services will be subject to monthly late payment fees, a new measure. Late payment fees are capped at 10 months, which provides a basic framework for timely performance.
For further information, please contact:
Paul Muscat, Rouse
pmuscat@rouse.com
