A patent is a legal right approved by the government for protecting an invention from public misuse. The legal framework around patents can be found in the Industrial Property Act, CAP 509 laws of Kenya. Section 30 of the Act provides for the rights to a patent. It provides that patent rights belong to the inventor(S). A patent can be registered under one or more individuals, therefore, if two or more individuals have jointly contributed to an invention, the patent right is shared among them collectively.
Why Is Patent Registration Important?
Registration of patents has the following benefits for its holders:
1. Patents Prevent Revenue Loss and Ensure Uniqueness:
- A patent serves as a protective barrier, preventing others from utilizing your invention and thus safeguarding your revenue stream from unauthorized third-party exploitation. By establishing the uniqueness of your product, the patent not only shields your intellectual property but also enhances its appeal to potential customers and investors alike, thereby bolstering its marketability and investment potential.
2. Patents Generate Income from Inventions:
- A patent facilitates the generation of income from inventions by facilitating licensing fees and agreements. Additionally, it enables the establishment of partnerships with companies for commercial utilization.
3. Patents can Increase Company Valuation and Brand Reputation:
- Patents play a pivotal role in enhancing company valuation by safeguarding intellectual property. They serve as a protective shield, preventing creations from being copied, thus fostering brand reputation. Additionally, patents provide a competitive edge, establishing uniqueness in the market and positioning the company for sustained success
How Are Patents Registered
Patents are registered by the Kenya Industrial Property Institute (KIPI). You can choose to either register a patent on your own or with the assistance of a licensed patent agent. A patent agent, also known as a patent practitioner, is a professional licensed by the KIPI to advise and assist inventors with patent applications. To register a patent in Kenya, you must complete the following steps;
- Submitting a request (Form IP 3) which is used to determine whether the invention is patentable.
- Providing a description of the invention:
- The description should fully disclose the invention and one mode of implementation in clear and concise terms to enable a person of ordinary skill in the relevant field to understand and evaluate it. The description must include any necessary drawings and relevant deposits, such as micro-organisms or self-replicable material. Additionally, it should state the invention’s title, specify its technical field, outline relevant background art, and explain its industrial applicability.
- Drafting one or more claims, including necessary drawings (if applicable),
- Claims in a patent application must be clear, concise, and fully supported by the description. They should define the subject matter for protection, detailing both technical features necessary for the invention and those that, in combination with prior art features, delineate the sought-after protection. The latter features should be introduced with specific phrases like “characterized in that” or similar expressions.
- The claim could look like a main claim outlining essential features, followed by subsequent claims detailing specific embodiments with reference to the main claim.
- Preparing an abstract.
- The abstract in a patent application serves solely as technical information and should not influence the interpretation of the protection sought. It must include the invention’s title and a summary of the disclosed information, indicating the relevant technical field and primary use(s) of the invention. The drafting of an abstract should facilitate efficient searching in the relevant field and enable readers to decide whether to consult the description.
It is important to note that when it comes to the registration of patents, if multiple parties independently conceive the same invention, the person whose application has the earliest filing date, or if applicable, the earliest validly claimed priority date leading to patent grant, retains the right to the patent. It is important to add that in cases where an applicant derives the essential elements of their invention from another person’s creation, they are obligated to assign the application or patent to the rightful owner unless duly authorized to proceed
Assessment And Granting Of Patents
After the patent application is submitted, KIPI is responsible for assessing the applications to ensure adherence to the Industrial Property Act. Throughout this examination, the institute identifies deficiencies such as lack of novelty or insufficient description of the invention, granting applicants the chance to amend their applications accordingly. If KIPI is satisfied that these deficiencies have been addressed, the application is approved, and a patent certificate is issued.
Conclusion
Obtaining a patent offers numerous advantages for companies, innovators and entrepreneurs creating novel products It provides a sense of security for intellectual property and protects against misuse and IP theft. Nonetheless, navigating the patent filing process demands a high degree of technical expertise. To streamline the procedure and conserve your valuable time and resources, it is therefore essential to seek guidance from a qualified legal practitioner and patent agent who can assist you in safeguarding your invention
Date: 19th March, 2024 By: Anne Gathirwa
For more insights pertaining to this matter, you can reach the writer at annegathirwalaw@gmail.com. You can also contact us at MMS Advocates, Lower Duplex Apartments, LOWER HILL ROAD, or email us at info@mmsadvocates.co.ke