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Describe the registration process followed by an entrepreneur in order to be granted patent rights over a business idea or product.

      

Describe the registration process followed by an entrepreneur in order to be granted patent rights over a business idea or product.

  

Answers

Martin
Registration process of a patent right.

Procedure for Patent Registration

1.The first step in securing a patent is the filing of a patent application with KIPI. - (Kenya industrial property institute)

The patent application generally contains:

- The request (Form IP 3)
- The specification containing the following:
- The title of the invention, as well as an indication of its technical field;
- The background and a description of the invention, in clear language and enough detail that an individual .with an average understanding of the field' could use or reproduce the invention.
- Visual materials, if any, such as drawings, plans or diagrams to better describe the invention.
- “Claims”, that is, information which determines the extent of protection sought by the patent.
- “Abstract”, it includes the title of the invention; and a summary of the disclosure included in the description. It indicates the technical field to which the invention relates and the principal use(s) of the invention. It merely serves the purpose of technical information. Publication of Application The application for grant of a patent is published in the KIPI Journal as soon as possible after the expiration of eighteen months from the filing date.
Substantive Examination

2.Where an application for a patent satisfies the formal requirements, the applicant is notified and is required to submit, within three years from the filing date of the application, a request for the examination of the application.
An examination of the application is carried out to check out whether the invention in respect of which the application is made is patentable.

3.Grant of Patent

Unless an application is rejected, a patent is granted and issued to the applicant together with a certificate of grant of a patent. Every patent granted is registered, and is, as soon as reasonably practicable, published in the Industrial Property Journal.
Costs
-The official fee for registering a patent where the claims are not more than 10 is approximately Kshs. 15,000 or USD 750 for local and foreign applicants respectively.

4.One has to factor additional cost, that is, patent annuity fees which is for maintaining a patent. The fee is first due 12 months from the date of filing the patent application and thereafter after every 12 months until its expiry on the 20th year.
The first annuity fee is Kshs. 2,000/- Tocal applicant) or USD 300 (foreign applicant) and increases every year up to Kshs. 50,000 (local applicant) or USD 2,500 (foreign applicant) on the 20th year.
The owner may obtain court orders to stop such activities, as well as seek damages for loss of financial rewards and recognition.
marto answered the question on January 30, 2019 at 08:36

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