patent your invention

Is it necessary to patent your invention?

Invention means a solution to a specific problem in the field of technology.

It is a new and useful art (whether producing a physical effect or not), process, machine, manufacture or composition of matter which is not obvious, or any new and useful improvement thereof which is not obvious, capable of being used or applied in trade or industry and includes an alleged invention. An invention may be, or may relate to, a product, or a process.

Is it important to patent your invention?

Patents offer inventors monopolies on their creations for specific periods, and thus provided incentives for research and development.

Without the possibility of patent protection, many people might not take the risks or invest the time and money involved in devising and perfecting new products. For example, our society would have benefited greatly were we to have protected products such as the kiondo and even certain vaccines for livestock diseases produced in Kenya.

It is important that new products become available on the market continuously. Without them, the economy would quickly stagnate.

What can you patent?

You can patent your invention in any field of Technology. In general any device, substance, method or process can be patented.

Examples: Any new or improved product or process in the following main sections of technology:

  1. Human Necessities: Agriculture, foodstuff, to personal or domestic articles, health and amusement.
  2. Performing operations and transporting: separating, mixing, shaping, printing and transporting.
  3. Chemistry and metallurgy.
  4. Textiles and paper. Fixed Construction: Building, earth moving mining.
  5. Mechanical engineering, lighting, heating, weapons, blasting including engines, pumps and engineering in general
  6. Physics: Instruments and nucleonic.
  7. Electricity

There are exceptions. The following are not regarded as inventions and are excluded from patent protection: –

  1. Discoveries or findings that are products or processes of nature where mankind has not participated in their creation (including, plants and microorganisms).
  2. Scientific and mathematical methods and theories.
  3. Schemes e.g. investment, methods of bookkeeping or insurance schemes.
  4. Business methods e.g. credit or stock methods
  5. Rules for playing games (The games equipment may be patentable).
  6. Methods for treatment of human or animal body by surgery or therapy, as well as diagnostic methods; except products, in particular substances or compositions or apparatus for use in, any of those methods or;
  7. Public Health related methods of use or uses of any molecule or other substances whatsoever used for the prevention or treatment of any disease which the Minister responsible for matters relating to health may designate as a serious health hazard or as a life threatening disease.
  8. Mere presentation of information.
  9. Non Functional details of shape, configuration, pattern or ornamentation