What is a utility certificate?
A utility model or utility certificate protects technical solutions of so-called “minor inventions” Recognising that improvements of existing products may have an important role in a local innovation system, utility certificates protect such inventions.
General requirements are similar, but not as demanding as for patents (e.g., level of inventiveness, filing and prosecution procedure). A utility certificate usually costs less than a patent registration, gets granted faster and the protection period is shorter (usually 6 to 15 years) than for patents. Its legal strength is weaker compared to a patent.
No international treaty obliges a country to implement a utility model system under their national laws. Nevertheless, several countries have implemented utility model systems to protect minor and incremental innovations, and to complement their patent system in a flexible manner. If an international patent application under the Patent Cooperation Treaty (PCT) is filed, utility certificates are one type of protection available at the national level in the UAE.
The objectives for providing utility certificate protection are closely related to those for granting patents. Utility certificates provide incentives for inventors to innovate by offering them recognition for their creativity and the possibility of material reward for their inventions. In return for the exclusive right provided by a utility certificate, the applicant is required to disclose the invention to the public by providing a detailed, accurate, and complete written description of the invention in the utility certificate application.
In the UAE, utility certificate law defines that a utility certificate is “the protection deed granted by the Ministry to [an] inventive step that is insufficient to qualify for patent eligibility.” It is regulated by the Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights.
To obtain a utility certificate, an invention must meet similar requirements than that of a patent, but the examination thresholds usually are not as demanding. The invention must be:
Technical.
New: Something fresh, original, and previously unseen.
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Inventive: Something significantly different from existing technology.
Industrially applicable: Something practical and usable in industry or commerce.
As part of the industrial property subset of IP, a utility certificate can be assigned, transferred, licensed, or used by the owner within the jurisdiction where it has been granted, contingent upon its annual renewal.
Similarly to a patent, but offering weaker legal protections, the issuance of a utility certificate provides you with:
The sole commercial rights to your invention, establishing a monopoly within a market.
The liberty to grant a license to others for the agreed-upon manufacturing of your invention, mitigating the risk of theft.
The authority to initiate legal proceedings preventing others from manufacturing, using, and/or selling your invention without your explicit permission.
Utility certificate training programmes
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Frequently Asked Questions about Utility Certificates
View all FAQIf required, you can manage a change of ownership via the UAE Ministry of Economy's online services.
If an infringement of your utility certificate is detected, you have the option to send a warning letter to the infringing party. If it is not possible to negotiate an agreement with the infringing party, you can file a lawsuit with the relevant court in the country where the infringement was detected. Before filing a lawsuit and during litigation, we recommend you seek legal advice from a specialised attorney. If the court decides in your favor, it can result in an injunction of the infringement and the payment of royalties for the damages caused.
In the UAE, the same laws and regulations apply as for patents. However, it is unlikely that you file an opposition or go for an invalidation proceeding concerning a utility certificate.
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