Procedure of patenting your idea in kenya to preserve intellectual property rights

How to apply for a patent in Kenya for your invention

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Learn how to apply for a patent in Kenya for your invention and prevent others from violating your intellectual property rights. KIPI is the main body in Kenya that deals with matters copyright for companies.

Procedure of patenting your idea in kenya to preserve intellectual property rights
Procedure of patenting your idea in Kenya to preserve intellectual property rights/Photo Source PB

What is a patent?

A patent is a right granted for any invention whether it is a process or it is a product. The process or product must provide a new way of doing things or a solution to a technical problem. The owner of a patent is given protection for 20 years beginning the time of the application.

Why Do You Need a Patent?

You need a patent if you have an invention with market potential or if you think another company can profit from your inventions. A patent will afford you the right to prevent others from designing or making your product. Additionally, a patent will offer you exclusivity. As a patent holder, you have time to market your invention without any competition thus making you capable of charging higher prices.

With a patent, you can make a legal claim against a person who is making or selling your invention without your permission. You can also make money by selling your invention or by licensing it.

Process of Applying For a Patent in Kenya

The Kenya Industrial Property Institute, KIPI, is the body that governs intellectual property rights. All applications filed with KIPI must have provisional or complete specifications. Applications should contain:

  • A request form: Form IP 3
  • A description of your invention with at least one application
  • Claims defining why you want to protect the invention
  • Drawings where applicable
  • An abstract that summarizes the invention’s applications.

You will be required to pay an application fee of Kshs 1,000 for provisional specifications and Kshs 3,000 for final specifications. KIPI only allows payments in cheque or cash. If the person applying for a patent does not live in Kenya, a foreign fee may be charged. The foreign fee affecting applications for provisional specifications is Kshs 4,000 while that involving final specifications is Kshs 12,900. Annual fees are also payable for the patent from Kshs 2,000 during the 2nd year to Kshs 50,000 in the 20th year.

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