The UAE Cabinet of Ministers has released Cabinet Resolution No. (112) of 2023, which focuses on services provided by the Ministry of Economy, particularly concerning patents, industrial designs, and utility models. The revised fee structure will impact various services, including annuities, publications, assignments, amendments, restorations, and more. This resolution is scheduled to become effective on January 15, 2024.
Key highlights of these fee adjustments include:
- Substantive Examination Based on Claim Categories:
- A significant change involves the restructuring of substantive examination fees based on the number of claims. The new categorization consists of three groups (1-10 claims, 11-30 claims, and 31-50 claims), streamlining the examination process with a maximum limit of 50 claims per application.
- Fees Based on Applicant Status:
- Fees are now categorized based on the applicant's status, classifying them into four groups: natural persons, companies, academic institutions, and small and medium enterprises (SMEs).
- Introduction of Annual Maintenance Fees:
- A notable addition is the incorporation of annual maintenance fees, increasing every five years throughout the patent's 20-year duration.
- Introduction of New Services:
- Fee adjustments have been made for new services such as express examination, amendments of minor errors (instead of issuing a new examination report), amendments after grant, and re-examination after grant. These changes aim to enhance flexibility and efficiency in the patent prosecution process.
- Time Constraints for Revival of Lapsed Applications:
- Lapsed patent applications can now be restored or revived within nine months from the date of lapsing, subject to the payment of specified fees.
- Monthly Penalties for Delay in Fee Payments:
- A novel approach involves the introduction of monthly penalties for delays in fee payments for any industrial property service. These penalties are capped at the equivalent of 10 months, providing a structured framework for timely compliance.
