3 Things that you need to get your Patent Application Approved in Kenya

If you have watched enough movies that revolve around technology you have most likely heard the term “Patent” thrown around. It is often used when someone wants to claim original ownership over a machine or device they have created. But what exactly is a Patent? A Patent is an exclusive right that you are granted for creating a new product, method or process of doing something. You can patent anything from machines, medicines, computer programs, and software just to name a few.

However, for your patent application to be granted you have to demonstrate four things. Firstly, you must demonstrate that your invention is novel which in essence means that it’s new and a first of its kind. This is usually one of the hardest things to prove because a lot of modern-day inventions are built on the works of others.

However, it is not a must that every element of your invention is unique, if you can satisfy the examiner that your invention, as a whole, was not in the public domain before you made the patent application, you will pass this examination. Secondly, the invention should not be obvious. What this means is that if you are inventing a new machine learning method, it should be unique and not obvious to the average software engineer.

Thirdly, you must also demonstrate that your invention is an inventive step. Your invention can be classified as an inventive step if you find a way of doing something which people had wanted to do but could not think of how. For example, if you invent a device that enables someone to connect their brain to their home lighting system so that they can switch off their lights by simply blinking their eyes, this can be classified as an inventive step because it is a new way of controlling technology as opposed to just using motion sensors.

Fourthly, for you to get a Patent you need to demonstrate that your invention is industrially applicable. Basically, can it be practically used by the target audience it is seeking to serve? It should not be purely a work of imagination but something that can be produced and distributed for the benefit of the rest of mankind.

If your invention satisfies the above criteria, maybe it’s time to visit the Kenya Industrial Property Institute (KIPI) Website and start your Application. Please also note, that although it is not a must, it’s advisable to use a trained patent lawyer to help you through the Application to save both your time and resources.

The writer is a lawyer who specializes in offering legal services to technology companies and creators. You can contact him through info@masibolaw.co.ke

(N/B This article is merely educative and should not be construed as legal advice, in case you have a legal issue, please talk to a legal professional)

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