European Union
United Arab Emirates
Patents (including Plant Variety Protection)
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
The Patent Law No. 44 in its article 17 states that the patent rights shall be restricted to the acts conducted for industrial or commercial purposes and shall not cover the acts related to the protected product once it has been sold. However, if the patent is related also to a particular use of the product, the holder shall be entitled to the right of such utilisation. The amendment will, however, aim to delete this provision and replace it by a provision, which provides for a clear protection of the product obtained directly by the protected process. It will state that if the invention subject is an industrial process for manufacturing a product, the patent holder is entitled to the same right in respect of the product obtained by using such process, in addition to his right in using such method or process.