What is a Patent in Kenya?

When you hear the word ‘Patent’ what comes to your mind? Maybe it’s an image of Thomas Edison inventing the light bulb or the Wright brothers inventing the first airplane. If this is what came to mind, you are correct. For most of human history, patents served us ownership rights to mechanical advancements like airplanes and light bulbs. For example, one of the?oldest patents?in modern history is Patent Number 821,393 for a Flying Machine now known as the Airplane which was issued to Wilber and Orville Wright on 22nd May 1906.?

However, as the world has advanced a lot of modern innovation is software as opposed to hardware. Inventors of today primarily create new functionalities and processes through software. Unfortunately, for the longest time, in many countries software-related inventions either did not qualify for patent protection or?received very limited protection. However, in recent times, things have started to change as Patent Offices begin to recognize and register patents on software, computer programs and business models.

In Kenya for example, one of the?patents that were advertised in January 2024, is for a software called Mubooni (MBNi) which endeavours to modernize the management of real estate in Kenya by creating end to end functionality for players in the real estate industry. The fact that it successfully passed through the examination stage at the?Kenya Industrial Property Institute?shows that, specifically in Kenya the?Patent Office?is open to patenting software innovations. This allows innovators all over the world the opportunity to utilize the progressive system in Kenya to secure their innovations locally as well as?internationally.?

What are the benefits of registering a Patent?

1. Getting a Patent for your product demonstrates that it is unique and can help you secure investors and partners who are willing to support your business expansion.
2. It ensures that you as an inventor get income from your inventions when they become commercially viable through licensing fees and usage agreements. For example, if you develop a medical system you can get into an agreement with a Pharmaceutical Company where they pay you to use your invention.?
3. Getting a Patent registered benefits the Society as a whole because it allows you to share your knowledge with the World without being afraid that someone will steal it without properly recognizing you as the Inventor.??

How do you register a Patent in Kenya?

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?Kenya Industrial Property Institute (KIPI)??to advise and assist inventors with patent applications. Patent agents also provide patentability opinions and help you with the preparation and filing of documentation related to patent applications.

Patent agents also assist inventors with completing and submitting all patent-application paperwork, searching for prior art, writing the inventor's legally enforceable claims of ownership of the invention, revising rejected patent applications, and deciding when it's best to abandon an application.?

In conclusion, registering a patent carries a host of benefits for both innovators and entrepreneurs. However, it also requires a certain level of technical knowledge to properly file for a patent. To save your time and resources you should consider consulting a licensed patent agent to help you protect your invention.?

The writer is a lawyer and licensed patent agent who specializes in offering legal services to technology companies and people in technology, you can contact him through [email protected]