A patent is one of the incorporeal rights that human beings have enjoyed since the first Patent Act was passed by the United States Congress in 1790. A patent is a grant of property rights to an inventor for a certain period. Patents therefore afford exclusive rights of the patented invention, process, method or design. In this way, patents keep the wheel of invention whirling by assuring protection of one’s inventions.
Examples of patents that bear historical significance are; the lightbulb, dishwasher and television. There are different types of patents. These are;
- Plant Patents- issued for plants that can be reproduced,
- Utility Patents- issued for useful inventions and;
- Design Patents- issued to protect a design of a product. All these patents are issued to applicants and play a great role in stimulating inventive creativities.
An individual, therefore, makes a written request for a patent to be granted to them for an invention that is described in the patent’s specifications, alongside other official documents and correspondences, in compliance with relevant patent laws. This request is referred to in legal terms as Patent Application. Such applications as the Patent Application, are handled by government agencies in the different jurisdictions.
A Patent Application must include a written description of the inventor’s work for which a patent is to be granted. This description includes; the way that inventor wishes to make use of his invention as well as illustrations of the said creation. A Patent Application also encompasses the taking of oath or affirmation by the inventor the authenticity of the new creation or improvement of an already existing invention.
This nature of patent application thus requires applicants to document the process by which the invention was arrived at. After payment of applicable fees to the government agency involved, the application is either allowed or dismissed upon its review based on a search ad or an examination. Patent Application thus differs across territories based on a country’s patent laws. Furthermore, the person or entity applying for the patent decides whether to enforce the patent.
There are various types of patent applications including national patents, regional patents and foreign patents. Patent applications (National patents) in Kenya are made to the Kenya Industrial Property Institute (KIPI). One of the major types of patent applications is the national patent applications which are filed with KIPI. The application is addressed to the Managing Director and contains, among others:
- A request;
- A description,
- One or more claims;
- One or more drawings (where necessary); and
- An abstract.
When the application is filed, a patent fee of Ksh. 3,000 is due. After eighteen months from the filing date, a Publication fee of Ksh. 3,000 is due. Within three years from the filing date, Ksh. 5,000 is to be paid as the examination fee. Lastly, a grant fee of Ksh. 3,000 is due once the patent has been accepted for grant. The cost may vary if the applicant uses the services of patent agents, who have their own set of fees.
Patent Application has greatly enabled the adoption of patents to protect intellectual property of companies and help ensure their profitability and serve as marketing for a company’s innovation. Countries largely rely on their national’s innovative creativity to facilitate growth of their economies and facilitate their pursuit of Technological Advancement in today’s ever developing modern world.
It is important to take note that; there is a distinct difference between a patent, a trademark and a copyright. A patent is a grant of property rights to an inventor for a certain period. A trademark is a legal protection that contributes to the image and reputation of the product or service to which it belongs for as long as it’s in use. An example is; Apple’s Apple. A copyright, on the other hand, is a legal protection on original works of authorship such as; visual art.
It is also important to note that; some inventions are not patentable under the Industrial Property Act. They are; –
- Plant Varieties, but not parts thereof of products of biotechnological processes,
- Inventions contrary to Public Order, morality, public health and safety, principles of humanity, and environmental conservation.
Authors:
Ms. Faith Gituma, a Legal Assistant/Trainee with the Firm and Mr. SM Kotonya, Partner and Head of the IP Department.
This note does not constitute legal advice neither is it a Legal Opinion. For more information on intellectual property registration and protection or any further queries on patents or other forms of intellectual property, email us on info@kn-partners.com or telephone us on +254 20 2000431/+254717554430