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How does one go about registering a patent, and what protection does it offer?
I would like to know the process of registering a patent in Kenya and the protection it offfers.
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Winfred
said:
A patent is an exclusive right granted for a specific period of time where a patent owner has the right to stop others from using the already established patent. For an invention to be considered a patent, it must be registered under the Kenya Industrial Property Institute (KIPI) provided for in the Industrial Property Act. Below is a summarised process of registering a patent:
i. Conduct a patent search
A patent search is done by visiting the Kenya Industrial Property Institute website. This is to ensure that no other invention has been patented similar to your invention. It is also necessary as it helps gather information on what is needed for your invention to qualify as a patent.
ii. Prepare a patent application
A patent application is a request made at a patent office to be granted a patent for invention. The application includes claims and abstracts necessary to illustrate your invention.
iii. Present the patent application to KIPI.
This must be accompanied by the appropriate filing fees and other key documents. KIPI will then review the application and determine whether it meets the requirements.
iv. An examination process is conducted by the Kenya Industrial Property Institute which can take up to 2 years.
v. Publication
This is done to inform the public that the invention is now patented and cannot be used without the patent owner's permission.
vi. Issuing of a certificate.
KIPI issues the patent owner with a certificate as a prove that he\she is now the certified owner of the patent and has all the rights to stop anyone who commercially attempts to exploit it.
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