On November 15, 2023, the United Arab Emirates Ministry of Economy published Ministerial Resolution no. 112/2023 introducing and amending official fees related to patent, utility model and industrial design services. The Resolution amends fees associated with Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights and its implementing regulations under Ministerial Resolution No. 6 of 2022.
The main changes include the following:
- The fees that were abolished on April 5, 2020 to support the economy during the COVID-19 crisis, including publication fees and annuities, are reintroduced;
- Fees for substantive examination are now determined based on the number of claims in a patent application. A tiered fee structure is adopted, with three different examination fees:
Group 1 (1-10 claims): USD 1,906
Group 2 (11-30 claims): USD 2,178
Group 3 (31-50 claims): USD 2,450
There was previously one flat USD 1,906 examination fee irrespective of the number of claims;
- Fees are established for new services introduced by Federal Law No. 11 of 2021 and its implementing regulations, such as post-grant examination, which will allow for post-grant amendments if the amended claims remain within the allowed scope, and accelerated examination, which will allow applicants to obtain protection with more ease and certainty of process;
- Monthly penalty fees are introduced for the late payment of any official fees.
The new fees will enter into force on January 15, 2024, two months from the Resolution’s publication in the Official Gazette.
By Sara Omran