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intellectual property rights in kenya
benzi
#1 Posted : Friday, January 08, 2010 2:39:27 PM
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Joined: 1/8/2010
Posts: 33
Location: nairobi
what is the procedure of patenting an innovation in kenya.
Mpenzi
#2 Posted : Friday, January 08, 2010 2:55:02 PM
Rank: Veteran


Joined: 10/17/2008
Posts: 1,234
Hire an intellectual property lawyer . . . Not any lawyer. But for a start go to the Kenya Intellectual Property Institute who should be in a position to give you basic advice as to how to go about it.
mzee safari
#3 Posted : Wednesday, January 13, 2010 9:10:19 AM
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Joined: 5/19/2008
Posts: 42
The procedure for registration of patents is quite elaborate and time consuming.The parent Act of parliament to guide you is the Industrial Property Act No. 3 of 2001.Let me know the innovation you want to patent.I can refer you to a lawfirm/lawyer in town.
lisaox
#4 Posted : Saturday, August 21, 2010 10:53:33 AM
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Joined: 7/4/2010
Posts: 118
The procedure for patenting isnt as complex as one may think, but you will need to have all manner of documents and evidence (like samples) for adequate testing for patentability in Kenya's patenting office called KIPI. The innovation that you want to patent needs to meet certain criteria for patentability which essentially are it must be New, must have an Inventive step, and must be industrially applicable. DO you want to patent it in Kenya, in the region ie ARIPO (for a number of African countries), in Europe (through EPO) etc which will affect the costs and the procedures. Let me know if you want more info and help in the patenting.Mimi ni wakili
groupielove
#5 Posted : Tuesday, August 24, 2010 4:34:35 PM
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Joined: 6/21/2010
Posts: 119
Location: Nairobi
You actually do not need a lawyer to do patenting in Kenya, but if you want to have your patent recognised throughout the world, you will need one. You do not have to patent in different countries/continent. YOu can save time by patenting at WIPO (World Intellectual Property Organisation), which Kenya is a signatory. You may patent a property, a process of making the property and/or the name. Once your product has been approved from the necessary departments, you need to register it with the relevant authority and then do a search with KIPI (Kenya Industrial Property Institute) located in South C. If the product/the name is not registered, then you will fill in some forms and attach samples. Then return to the KIPI with the necessary registration fee. It will be a bit complicated if patenting under WIPO and you will need a lawyer (this is a requirement, which you have to fulfill).
lisaox
#6 Posted : Tuesday, August 24, 2010 11:25:29 PM
Rank: Member


Joined: 7/4/2010
Posts: 118
groupielove wrote:
You actually do not need a lawyer to do patenting in Kenya, but if you want to have your patent recognised throughout the world, you will need one. You do not have to patent in different countries/continent. YOu can save time by patenting at WIPO (World Intellectual Property Organisation), which Kenya is a signatory. You may patent a property, a process of making the property and/or the name. Once your product has been approved from the necessary departments, you need to register it with the relevant authority and then do a search with KIPI (Kenya Industrial Property Institute) located in South C. If the product/the name is not registered, then you will fill in some forms and attach samples. Then return to the KIPI with the necessary registration fee. It will be a bit complicated if patenting under WIPO and you will need a lawyer (this is a requirement, which you have to fulfill).

Mmh, actually @groupie, your quite mistaken about patenting "a property, a process of making the property and or the name". Here's how. A patent, under the Indust Property Act, can be obtained for an invention that is new, has an inventive step, and has some industrial applicability. A process, whether or manufacturing or making this invention or not (ie a process on its own) is also patentable, as long as it meets the 3 requirements above. As for a name, never! A name cannot meet the requirements of patentability, am sure you were talking about a registering a trade mark.
As for WIPO, indeed a patent can be applied for designating WIPO country members, but this is as she said, complicated and perhaps with a bit more thought, may be unnecessary unless you actively want to sell,market or license your product or process. If you want to exploit your patent in designated countries, you can obtain a patent only in those countries also via WIPO, under the Patent Cooperation Treaty. Also because of economic reasons, and depending on where you want to exploit the patent, you may decide to go the ARIPO way.
A lawyer is obviously not necessary, but believe me, you will search for an IP lawyer, or patent lawyer/attorney when you sit down to attempt to define the extent of your patent claims, trying to ensure you claim as broadly as possible and yet without possibly infringing on another patent or worse claiming too widely such that your patent will not end up meeting the requirement of novelty!
Cheers, invention and innovation is def the way forward people, patenting is the first step in the right direction.
mkenyan
#7 Posted : Wednesday, August 25, 2010 11:22:35 AM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
benzi wrote:
what is the procedure of patenting an innovation in kenya.


well, lisaox is right in most of what she has said on patenting. my point of departure is that you would need an ip lawyer or patent agents (as they are known in kenya) to do that. you don't necessarily need that given that most ip lawyers or patent agents in kenya have no clue on drawing up patent applications. to clarify there are some real patent agents, but rather few.

kenya has that interesting situation where any advocate can be admitted as a patent agent. in other jurisdictions, there are other requirements, like an engineering degree which if you read a bit into patent law, is very important for most patent work.

a patent application are indeed not about just drawing up and filling papers, it involves a rather involving process like drawing up claims (there is a way of this), descriptions and even drawings.

the good thing is that KIPI has some very competent patent examiners (mostly very good engineers as well) and KIPI is one of the most accessable and friendly institution, so pay them a visit and work out something.

if you really want a patent agent i would suggest that you don't even pick up lawyers from the internet (with all due respect to wazua users) but get recommendation from the patent examiners based on those patent agents whose works they may have seen.

but have in mind that in kenya, unlike the us where they like consider a patent a constitutional right and just about anything even business process can be patented, the standards for patentability are very high.

lisaox
#8 Posted : Wednesday, August 25, 2010 2:28:20 PM
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Joined: 7/4/2010
Posts: 118
@mkenyan nice work, apart from your suggestion "don't even pick up lawyers from the internet (with all due respect to wazua users)" I think you either work at a (relatively) new firm and head its IP, ama you are the partner in charge of Ip in the firm where the first guy av talked about left. True? In both cases, I've tried getting a job with you guys without success. But something will come up soon I can feel it!
groupielove
#9 Posted : Monday, August 30, 2010 12:05:05 PM
Rank: Member


Joined: 6/21/2010
Posts: 119
Location: Nairobi
@ Lisaox & Mkenya, I do not agree with you on several issues that you've raised. When patenting, you can register a name of the product, so that no one else can manufacture a similar product and name it like yours.That's why Kenya is claiming under WIPO, compensation from the UK-based Kikoy. Secondly, you can register a process of making a product (for instance the process of handweaving kiondo is patented in Kenya, but Korea can make the same product using a different process). I am not a lawyer nor an agent but i have personally registered several products on my own.
I only used a lawyer while registering in WIPO afterall KIPI have their own staff who will guide you through the whole process without a fee
mkenyan
#10 Posted : Tuesday, August 31, 2010 2:08:33 AM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
groupielove wrote:
@ Lisaox & Mkenya, I do not agree with you on several issues that you've raised. When patenting, you can register a name of the product, so that no one else can manufacture a similar product and name it like yours.That's why Kenya is claiming under WIPO, compensation from the UK-based Kikoy. Secondly, you can register a process of making a product (for instance the process of handweaving kiondo is patented in Kenya, but Korea can make the same product using a different process). I am not a lawyer nor an agent but i have personally registered several products on my own.
I only used a lawyer while registering in WIPO afterall KIPI have their own staff who will guide you through the whole process without a fee


well, you absolutely have no clue what you are talking about.

- patent does not involve the registration of a name for a product;

- kikoy has never been a subject of a claim by kenya (under wipo???) for compensation because of a patent;

- hand weaving of kiondo has never been patented in kenya, and it can't be.

are you really sure you know what a patent is?

if your statement quoted above is what your lawyer told you then you should seriously sue your lawyer for negligence and throw in incompetence for good measure.

but given that you have completely ignored what lisaox had earlier on posted explaining what a patent is and distinguishing it from a trade mark, your lawyer might have yet told you one thing and you heard quite another.
mkenyan
#11 Posted : Tuesday, August 31, 2010 2:13:30 AM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
lisaox wrote:
@mkenyan nice work, apart from your suggestion "don't even pick up lawyers from the internet (with all due respect to wazua users)" I think you either work at a (relatively) new firm and head its IP, ama you are the partner in charge of Ip in the firm where the first guy av talked about left. True? In both cases, I've tried getting a job with you guys without success. But something will come up soon I can feel it!


lisa, no i fortunately do not work for the suits (neither heading the ip department of a new firm nor a partner in charge of an ip department in a law firm that seems to to have lost some top ip lawyer).

anyways, why want to work for either of the above two? why not work for yourself and get all the pain and pleasure?
lisaox
#12 Posted : Sunday, September 05, 2010 10:04:20 PM
Rank: Member


Joined: 7/4/2010
Posts: 118
@Mkenyan, I believe you know what you're talking about, and sorry for mistaken identity. Working for my own pleasure and pain is definitely best, but one needs experience, contacts and chums. Am in the process of acquiring these then heading for the sky. Thx for the advice.
@Groupielove, I believe you have absolutely no idea what you're on about.I work at K*I*P*I yes, so am thinking sweetie, why dont you just give me your file number here and I will clarify for you once and for all whether you really do hold any patents!
Much Know
#13 Posted : Thursday, October 14, 2010 1:27:46 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,548
@lisaox or mkenyan,
any idea best lawyer for filing a mechanical device with wipo?
Cost? i need to talk to an IP lawyer before wasting time. I can develop mechanical drawings but the device itself needs cash, i know you can patent mechanical devices with drawings in most countries ama? please respond
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