What conditions must be met in an invention to obtain patent protection?
An invention must be protected by a patent if the following conditions are met: First, it must be new: the invention is new if it is not in the previous technical state. The state of the aforementioned technology must include everything that has been announced to the public in the UAE or abroad through a written or oral description or by use or by any other means through which the contents of the invention are known before the date. To submit a creative idea application.
First, the novelty clause of the invention is recognized: that the invention is new in and of itself, and no one has been able to access it, and secondly, it is closely related to secrecy. It was not disclosed to the public before applying for a patent to protect it. The owner of the invention must adhere to confidentiality and maintain the confidentiality of his invention and not declare it until he submits an application to the competent authorities to obtain a patent to protect his invention. Once the application is submitted, he can disclose his invention. If the invention is disclosed to the public in an arbitrary or illegal manner, this violation does not invalidate the confidentiality of the invention, and the owner of the invention reserves the right to file a patent application for him.
Second: An innovative step: An invention is considered an innovative step if it is not apparent to the average professional who is constantly familiar with the subject matter of the invention. In other words, the invention must be the result of an inventive activity undertaken by the inventor to reach the conclusion that no other person, a 'man of the ordinary profession', has any knowledge of the invention to arrive at the same invention in an intuitive way without the need for any creative activity.
Third: Industrial Applicable: An invention is industrially applicable if it can be applied in agriculture, fishing, services, handicrafts, or any kind of industry in the broad sense. Whether the invention relates to new industrial products imported, locally produced or by means of manufacturing, a new application of known industrial methods, modification, improvement or addition of an invention that has already been patented.
Fourth: They do not fall within the inventions excluded by the law: According to UAEi law, the invention of a patent cannot be protected in the UAE if the commercial exploitation of this invention in the UAE violates public order or public morals, or violates the protection of life, human or animal health, Or plants, or dangerous. Damage to the environment. Inventions cannot be protected under the Patent Protection Law in the UAE through: scientific discoveries, theories and methods, plants and animals - with the exception of microorganisms, biological methods of plant and animal production, methods of diagnosis, treatment and surgery for the treatment of humans or animals, with the exception of products used in any of these methods. An innovative creative idea