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Key Steps in Patenting Business Innovation PDF
Key Steps in Patenting Business Innovation PDF
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Kabarak University student Ivy Etemesi displays a sanitary pads made from banana fibre
at the institution on July 17. PHOTO | FILE
It was a breakthrough of sorts for five students who started making sanitary
towels and diapers from plant materials a few weeks ago.
In the long walk to enterprise, however, the five students have realised the
innovations only mark the first step. They require a patent to commercialise
their work and prevent others from reaping the fruits of their labour.
And so they have applied for patents from the Kenya Industrial Property
Institute (KIPI), marking the beginning a crucial phase in their journey to own
their innovations.
Under the law, it is not automatic that everyone who submits an application
must get a patent.
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Under the Industrial Property Act 2001, an invention is defined as a solution
to a specific problem in technology that relates to a product or a process.
Schemes, rules or methods for doing business, performing purely mental acts
or playing games, and computer programmes are also not legible for legal
protection under the law.
One cannot receive a patent for inventing methods for treatment of the human
or animal body by surgery or therapy, as well as diagnostic methods except
products, in particular substances or compositions, for use in any of those
methods.
Locally, only KIPI has the powers to grant a patent. However, it is also
possible to obtain one through the African Regional Intellectual Property
Organisation, an inter-governmental organisation, based in Harare mandated
to grant patents on behalf of member states.
Mr Sylvance Sange, KIPI acting managing director, says a patent gives the
owner exclusive rights to prevent others from manufacturing, using or selling
the product. The patent rights are enforceable in the country where it is
granted.
The application form, which is available from the KIPI website or their offices,
gives a detailed description of the invention and is submitted at a fee of
Sh3,000.
“The term of patent protection in Kenya is 20 years. This is not renewable and
once it has expired, the invention is no longer protected and can be exploited
by anyone,” said Mr Sange.
He says some applications are rejected if they do not meet the three
requirements of novelty, inventive step and industrial applicability. Notably,
an industrially applicable invention must be capable of being used in a
respective industry.
“Many patent applications are not successful because they either do not
provide a proper description of the invention or the invention is not new
because the applicant disclosed it to the public before applying for a patent,”
Mr Sange said.
“The patent application can also be rejected if the invention is not new when
compared with things that are already known.
He says the law requires that an inventor fully discloses and describes the
invention to enable any skilled person to make use of and evaluate the
innovation.
“This is a key consideration for grant of patents in the sense that in return for
grant of a patent, the applicant is required to disclose his or her invention fully
so that others can learn and improve on the invention as well as make use of
the invention once the patent has expired,” he said.
Between 2000 and 2012, KIPI received a total of 1,651 patent applications and
found only 487 legally acceptable for patenting.
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