United Arab Emirates
Patents (including Plant Variety Protection)
2. Does your legislation grant patent protection to all categories of products or are there any exceptions? If so, please explain in detail what kind of exceptions exist and how they comply with Article 27 of the TRIPS Agreement. In the field of pharmaceutical products are new applications of known substances patentable in your law?
The 1992 Patent and Design Law provide for the protection of patent which is granted for any new invention that is the result of an innovative idea or an innovative improvement on a patented invention whether in relation to new industrial product, to industrial processes or methods or to the applications of known industrial processes or methods (Article 4 of the 1992 Patent and Design Law No. 44). The draft amendment, when adopted, will extend the coverage of the protection of innovations in all fields of technology, including agriculture, hunting, fishing, handicrafts and services. The 1992 Patent Law in its current form excludes from that protection the product in the field of chemical invention in foodstuffs and pharmaceutical compositions (Article 6 of the 1992 Patent Law). Therefore the draft amendment will enable the UAE to extend the protection to these fields, regarding both product and method of processing. After the adoption of the above-mentioned amendment, the exceptions will be as follows: (i) plant and animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products; (ii) scientific principles and discoveries; (iii) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; in addition to inventions related to national defence or which would be contrary to public order and morality. Article 4 of the 1992 Patent Law considers patentable any new applications of known industrial processes or methods.