Intellectual property (IP), words that were heavily used in 2012 since the fight between Samsung Electronics Co. and Apple Inc. heated up. The matter of IP has also hit Kenya, the most recent being the patent battle between Safaricom and Faulu Kenya over their idea of mobile banking that allows subscribers to borrow and re-pay money over the phone. As noted by Kiplang’at Jeremiah in his article Patent battles over IP , intellectual property is serious business and may have you and your company cooked in a jiffy.
But what is it?
According to the World Intellectual Property Organization – WIPO – intellectual property refers to the creations of the mind. It ranges from inventions and literary works to names and symbols. There are 2 categories of IP namely industrial property and copyright. Patents fall under the industrial property group. A patent is an exclusive right granted for an invention which can be a process or a product that provides a new way of doing something or a technical solution to a problem. As such, the owner of the patent is granted protection for 20 years from the filing date of the application.
How do you apply for one?
The body governing intellectual property rights in Kenya is KIPI, Kenya Industrial Property Institute. All applications may be filed with them with complete or provisional specifications. Your application should contain:
i. The request form (Form IP 3)
ii. A description of the invention with at least one mode of use in concise and exact terms
iii. One or more claims defining the matter for which protection is sought
iv. One or more drawings (where applicable)
v. An abstract summarizing the invention’s use. No more than 150 words.
Fees associated with application for a patent are KES 1000 for a provisional specification and KES 3000 for one with a final specification. Payments are to be made in cash or cheque. A foreign fee is payable if the person paying the fee or on whose behalf it is being paid, does not reside in Kenya. It is US $50 (approx. KES 4,300) for an application with provisional specifications and US $150 (approx. KES 12,900) for the final. Annual fees are payable for the protection from as little as KES 2000 in your second year to KES 50,000 in your twentieth year. The schedule for the fees applicable when applying for a patent can be found here.
What can you patent?
Applications are not limited to technology. Much as inventions are commonly protected, new or improved processes can also be granted protection. In Kenya, these inventions and improvements are limited to:
i. Human necessities: Ranges from agriculture to amusement (yes…amusement).
ii. Performing operations and transporting
iii. Chemistry and metallurgy
iv. Textiles and paper
v. Engineering
vi. Physics: Instruments and nucleonic
vii. Electricity
This may come as a blow to the IT industry in Kenya since computer-implemented inventions are not guarded. Computer programs are explicitly mentioned on the list of exceptions to patenting. In Europe, such can be protected. According to their intellectual property office, it depends on the contribution of the invention.
In Kenya, getting your patent can take up to 18 months. The Industrial Property Act 2001 clearly states that the Managing Director shall publish the application as soon as possible AFTER the expiration of eighteen months from the filing date or, where priority is claimed, the date of priority. Basically, the earlier you apply the better.