UAE Patent Office Introduces Guidance for Divisional Patent Applications
Dubai, UAE – The United Arab Emirates Patent Office has begun issuing recommendations within its examination reports for the filing of divisional patent applications, addressing a long-standing point of ambiguity in the nation’s patent framework. This move aims to provide clarity for applicants when an invention or group of inventions lacks unity, as required by existing law.
While the current UAE Patent Law and its implementing regulations do not explicitly detail provisions for divisional patent applications, the Patent Office has acknowledged this legislative gap. The law stipulates that a single patent can be granted for an invention or a group of interrelated inventions that share “one general innovative concept.” Previously, it was unclear how the Patent Office would proceed in cases where an examination determined that this unity of invention was absent.
In response to these scenarios, recent examination reports from the UAE Patent Office now specifically reference the absence of a formal divisional application route to remedy a finding of lack of unity of invention. Consequently, the reports advise applicants to file a new divisional application with the UAE Patent Office, directly invoking the principles of the Paris Convention. As a signatory to the Paris Convention, the UAE is bound by its provisions, which have direct legal effect within the country, implicitly supporting mechanisms like divisional applications.
For applicants opting to follow this recommendation, the guidance stipulates that any such divisional application must not extend beyond the disclosure contained in the original patent application. Furthermore, the newly filed application must explicitly reference the original application from which the division is sought.
This operational adjustment by the Patent Office is seen as a proactive measure to enhance the patent application process, particularly for complex inventions. Looking ahead, it is widely anticipated that forthcoming revisions to the UAE Patent Law will formally integrate and codify specific provisions for divisional applications, thereby providing a clear legislative basis for this practice.