Every day, innovative people are inventing new things that have the potential to enhance ot lives. However, there are people out there who are eager to exploit these new creations for their own gain. If you have just invented something remarkable and want to safeguard it from being copied or stolen, you need to register a patent.
A patent is an exclusive legal right granted by the government to protect your invention, preventing others from reproducing, using, or selling it without your permission. In Kenya, obtaining a patent can be a complex and time-consuming process, but it is necessary to protect your intellectual property.
We want to guide you through the process of registering a patent in Kenya. We will explain all the requirements, costs, and timelines associated with patent registration. Additionally, we will provide tips on how to navigate the registration process efficiently.
How to Register a Patent in Kenya
If you have made a new invention and are looking to protect your invention, you need a patent to protect it.he best way to register a patent in Kenya is to file it through the Kenya Industrial Property Insitute (KIPI), but we will explain everything you need to know.
First, let’s look at the types of patents.
Types of Patents in Kenya
Generally, we have three main types of patents, which include:
1. Utility Patents
Utility patents are the most common type and are granted for new and valuable inventions or discoveries. They protect the functional aspects of your invention, such as how it works, its structure, and its specific utility.
Utility patents cover a wide range of innovations, including machines, processes, chemicals, compositions of matter, and improvements to existing inventions. With a utility patent, you can protect your invention for 20 years.
2. Design patents
Design patents protect the ornamental or aesthetic design of a product. Unlike utility patents, design patents do not cover the functional aspects of an invention but rather the way it looks. They safeguard the unique, non-functional visual characteristics.
Design patents are commonly used for products with a distinctive appearance, such as the design of a smartphone, the shape of a bottle, or the pattern on a fabric. It covers your product for 14 or 15 years.
3. Plant patents
Plant patents are approved for new and distinct varieties of asexually reproduced plants. They protect the unique genetic characteristics of a new plant produced through grafting or cloning.
Plant patents can be granted for new cultivated plant varieties, including new types of fruits, flowers, and ornamental plants. A plant patent expires 20 years from filing.
Eligibility Criteria for Patent Registration in Kenya
To be eligible for a patent, you need the following:
- Novelty: Your invention must be new and not disclosed to the public before the patent application’s filing date.
- Inventive Step: Your invention must involve an inventive step, meaning it would not have been evident to someone skilled in the relevant field.
- Industrial Applicability: The invention must be capable of industrial application, meaning it can be made or used in any industry.
Process for Registering a Patent in Kenya
The process of registering a patent in Kenya involves several steps. Here is what you need to do:
1. Conduct a patent search.
Depending on your inventory, you need to determine the type of patent you want to register. Before applying for a patent, it is necessary to conduct a patent search to ensure that no one else has already patented the invention.
This step is necessary to avoid wasting time and money on a patent application that may not be accepted. You can conduct a patent search by visiting the Kenya Industrial Property Institute’s (KIPI) website.
2. Prepare the application.
After carrying out a patent search, you can prepare the patent application. The patent application must include:
- Application form
- Claims
- Description of your invention
- Abstract
- Drawings that illustrate your invention, if necessary
3. Submit the application.
Once you prepare your patent application, you can submit it to KIPI. The appropriate filing fees and other required documentation must accompany the application. KIPI will then review the application and determine whether it meets the requirements.
4. Examination
After applying, KIPI will examine whether the invention is new, inventive, and industrially applicable. This process can take up to two years.
5. Publication
Once the application is approved, it will be published in the Kenya Industrial Property Journal. This publication informs the public that the invention is now patented and cannot be used without the owner’s permission.
6. Registration and Issuance of a Patent Certificate
After the publication, KIPI will issue a patent certificate to the owner of the invention. The patent certificate proves that the invention is patented and cannot be used without the owner’s permission.
How Much Does It Cost To Register A Patent In Kenya?
The patent registration process in Kenya can take up to 3–5 years. The filing fee is around Ksh3,000, and you must pay it when applying. Also, the publication fee is around Ksh3000, which will be paid after 18 months of filing.
Once your patent is accepted, you will also pay Ksh5,000 for the examination fee and Ksh3,000 for the grant fee. It is also important to note that a patent is only effective for 20 years from the date of application.
How Do You Write a Patent Description?
Writing an acceptable description when filing for a patent is vital to the approval of your application. If you want your application to be considered, here is what you need to include in it:
- Title of the inventory: make the title short.
- Technical field
- Background information for people to understand your invention. It would be best if you also acknowledged the efforts of the previous patent applicants in your field.
- Describe how your invention provides a solution to a technical issue.
- List of illustrations (drawings)
- Explain your invention in detail. For instance, if it is a product or apparatus, explain how each part fits and works together.
- Provide at least one example of what the invention can be used for. Add any warning in case it poses a possible danger.
- If relevant to your field, the listing of compounds should be in sequence if possible.
- Indicate how the invention is industrially applicable
How to Write Patent Claims in Kenya
A claim is where you set boundaries you do not want people to surpass. When writing your claim, you will need the expertise of an attorney skilled in patent law. So, contact an attorney to help you with your claim.
Examples of Patents in Kenya
Yes, invention is good, but what can you invent? The technology field is the most common, but here are examples of the fields you can create and patent in Kenya:
- Electricity
- Chemistry and metallurgy
- Physics instruments and nucleonic
- Human necessities such as foodstuffs, agriculture, etc.
- Textile and paper
- Mechanical engineering, weapons, heating, lighting, and blasting
Common Mistakes People Make When Applying for a Patent in Kenya
When applying for a patent, many people make mistakes that could delay or make their application unsuccessful. But you can avoid these mistakes.
Common Mistakes
1. Lack of thorough research: Many people fail to conduct thorough research before filing for a patent. This can lead to the rejection of the application due to the existence of prior art or similar patents.
2. Inadequate disclosure: The patent application must include a detailed description of the invention. Failure to provide adequate disclosure can result in the rejection of the application.
3. Incorrect claims: Claims are the most essential part of the patent application. Incorrect or overly broad claims can result in the rejection of the application.
4. Poorly written application: Your application must be well-written and easily understood. Poorly written applications can be confusing and may lead to application rejection.
Tips to Avoid These Mistakes
1. Conduct thorough research: Conduct thorough research before filing for a patent to ensure your invention is unique and does not conflict with existing patents.
2. Provide adequate disclosure: If necessary, your patent application should include a detailed description of the invention, including drawings and diagrams.
3. Draft clear and concise claims. Your claims should be brief and specific. Avoid using overly broad language that could lead to rejection of the application.
4. Hire a patent attorney: A patent attorney can help you navigate the patent application process and ensure your application is written correctly and filed.
5. Follow the guidelines: Make sure to follow the guidelines set forth by the patent office. Failure to comply with these guidelines can result in the rejection of the application.
Conclusion
Registering a patent in Kenya is a simple and straightforward process that can be completed by following the steps outlined in this article. By protecting your invention through patent registration, you can safeguard your intellectual property and reap the benefits of your innovation for years. Don’t let anyone steal your hard work or use it the way you do not want it to be used.