Most countries place some limits on the patenting of inventions involving software, but there is no one legal definition of a software patent. The twoday meeting is supported by the ict board and centre for intellectual property and information technology law cipit that will see the stakeholders debate on whether or not to patent software in kenya. The firm comprises of 12 partners and 38 qualified lawyers and over 80 support staff including legal assistants. Advantages and disadvantages of getting a patent there are many possible advantages and disadvantages of patents. Inventors struggle to protect patents in africa reuters. It is always an advantage to investigate if similar or competing product is already in the market. Patents play a major role in the stimulation of inventive activity. Even though all other means are available, and patenting is costly. Software that controls a chemical process in a plant is patentable whereas one which merely searches for entries in a database is not. The patent requirements section of bitlaw discusses the u. Finally, it recommends a system of software patents and a sui generis right, legal awareness and lastly legal and policy guidelines formulation and reform. Cipit will focus on awareness creation for both innovators and legal experts so as to find a way of getting patents for software. Biotechnology biotechnology generally concerns the application of cellular and molecular biology to make or modify products or processes.
The most compelling argument advanced for software patents in kenya is the solo inventor scenario. A patent is a form of intellectual property that gives the owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. Open source software is often free to users and incorrectly assumed to be unprotected by any ip rights. Supreme court strikes down bilski patent claim sd times. After getting the patent, you can be assured that it will protect your software idea against any variations and independent development of the similar product.
How to protect your software idea from being stolen. While the concept has never having been examined by our judicial system, software patent applications are being granted by our patent office. Patenting software and applications linkedin learning. A software patent application approaches the softwares use from an endusers perspective. A good software idea can provide your company with the competitive advantage on the market. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent. And worse yet for software, where shifting terminology results in nearendless synonyms that frustrate even the most diligent searcher.
Technological progress and economic strength in any modem nation, kenya being no exception, depends greatly on the ability of its nationals to be creative and innovative and be aggressive in the promotion of trade both at home and abroad. Intellectual property procedure in kenya legal articles and. Kenya s national ip legislative framework is divided into law, trade mark law, industrial property law and anticounterfeiting law. While the concept has never been examined by the judicial system, software patent applications are being granted by the patent office.
So one of the keys for successfully having a patent granted for software innovation lies in the ability to present the software innovation in such a way that it includes technical character. Kenya industrial property institute is a government parastatal that administers intellectual property rights. The stakeholders from the ict, legal and intellectual property industries are expected to voice their support or opposition to computer software patents. Geraldine frasermoleketi, the previous minister for public service. Mar 05, 2012 inventors wishing to protect their inventions in these countries may file one application in kenya and designate any or all them. How to apply for a patent kenya industrial property. August 1, 2012 august 5, 2012 victor nzomo ipkenya is pleased to inform everyone that the newlycreated centre for intellectual property and information technology law cipit at strathmore law school is holding its inaugural event on 1415 august, 2012. A software patent is a property right that protects computer programs or any performance of a computer from computer programs. Worse still for software, where much prior art is in the form of previously written software, which is difficult to find and more difficult to understand unless you wrote it. A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. Join dana robinson for an in depth discussion in this video, patenting software and applications, part of understanding intellectual property.
You should start worrying about how youll protect your software idea long before the first line of code is written. Software patents gnu project free software foundation. The specification includes a number of documents, such as the background and summary of your invention. Patenting in kenya 1 introduction a patent gives the owner the exclusive rights to prevent others from manufacturing, using or selling the protected invention in a given country. A software patent is a property right, or type of utility patent, that protects any performance of a computer relised by means of a computer program. Kenya is also a member of the world intellectual property organization wipo world intellectual property organization wipo, which administers the international patent cooperation treaty pct. Find patents law offices and lawyers in kenya for your city. The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computerimplemented inventions. Ravololonjatovo hopes to widen that to software that recognizes the oral malagasy language.
Biotechnology generally concerns the application of cellular and molecular biology to make or modify products or processes. Patent and trademark office during the period 01011977 12312015. May 31, 2011 the patenting of south african software is the. This and the topic of related intellectual property ip protection rights have been intensely debated at all levels in the tech world. While the concept has never having been examined by our judicial system, software patent applications are being granted by our patent. Prior to 2001, software was explicitly excluded from patenting, but the ipa 2001 removed this prohibition. The patenting of south african software is the subject of much heated debate.
Technically, this includes searching worldwide for patents, applications for patents, any publications disclosing inventions, and any public use of an identical or similar invention. Aug 16, 2012 software patents are thus a natural and necessary protection for original ideas. As kenya gradually embraces the possibility of software patenting, the real challenge still remains. Aug 01, 2012 upcoming seminar at strathmore law school. How to get a patent for software in india inc42 media. Software patents cover a wide range of topics and there is therefore important debate about whether such subjectmatter should be excluded from patent protection. Technological progress and economic strength in any modem nation, kenya being no exception, depends greatly on the ability of its nationals to be creative and innovative and be aggressive in the promotion. I am so impressed with the amount of views being posted on the value of protection of software and computer programs using ip regimes. Can i patent a mobile application or protect the idea. All contents except material specifically attributed to others including material in linked webpages in this website are subject to attribution sharealike creative commons license ccby sa.
The problems with software patents part 1 of 3 eric goldman former contributor. The government of kenya needs to relax its patenting regimes to cover software. Guide to patenting in kenya, 1995 1995 guideline for the examination of patents, utility models, and industrial designs 2007 harare protocol on patents and industrial designs within the framework of the african regional industrial property organization aripo october 24, 1984. Software under copyright and patent law onganya ombo advocates. That is why software patents are critical for those that need to protect their proprietary efforts. Nov 28, 2012 the problems with software patents part 1 of 3 eric goldman former contributor. Software patents in south africa to be or not to be. This is the media for future technological development. All pages of the application should be on durable white paper with a matt finish of the size known as a4 paper 29. These goods include clothing brands, computer software, medicines, and toiletries.
Everything you need to know patent law resources how to patent an idea provisional patent patent pending design patent plant patent utility patent. A software patent is a patent that is provided to enhance computer performance by means of a computer application. No patent was ever filed in kenya, and none would have issued because kenya does not allow business method patents or software patents. A software patent is considered a type of utility patent with no true legal definition. Opinions expressed by forbes contributors are their own. There is no legal or conclusive definition for a software patent. Information and communication technology ict stakeholders began a twoday meeting in nairobi on wednesday to debate on whether or not to patent software in the country. There are also no legal procedures for determining the patentability of software in kenya.
Therefore, it should be considered as one of the valuable assets of your company as well as the products that you offer to your clients. Inventors wishing to protect their inventions in these countries may file one application in kenya and designate any or all them. And with many inventive young kenyans having lost intellectual property rights due to failure or delay in patenting, odhiambo says he is in a dilemma. The law on intellectual property in kenya is categorized into four main areas. Laws governing intellectual property ip in kenya ip kenya. Published by the national council for law reporting. But it is basically used to describe all of the different types of computer programs. Whether or not kenya decides to allow software patents, it was been argued that kenyan inventors should seek to file for patents internationally at pct, uspto and epo, where lots of people will notice them and in turn this could attract investment to kenya. Software patents are thus a natural and necessary protection for original ideas. Patents, which offer much robust protection not being readily available for software in the. Recently, there have been calls for it to be patented. In kenya, software patents are allowable under the industrial property act 2001. When deciding if you should apply for a patent, you should look at your invention and consider the risks of not patenting it against the costs of doing so.
On the software front, kenya is world famous for the story of mpesa, the transformational money transfer solution from safaricom, that is now a. Software patents cover a wide range of topics and there is therefore important debate about whether such subjectmatter should be excluded from patent. Patent counts by country, state, and year all patent. Recent developments in the field show an international trend towards patenting of software whose application has a technical effect. Nonobvious in united states patent law or involve an inventive step in eu patent. If you want to protect your product using a patent. A patent is a legally enforceable right granted by the government in return for disclosure of the invention to the public. Policy debate on software patents has been active for years. Thus, it may take for several years to get a software idea patent. Kappos today affirmed a lower courts decision to strike down a patent, but was too narrow to appreciably abate. The kenya industrial property institute kipi has granted a relatively small number of software patents. The following are the major acts governing the protection of ip in kenya. Abstract in kenya, software is considered as literary work and therefore protected by way of. Basically, you must find the correct entity that deals with patents and ask exactly what the requirements are.
It includes scientific and industrial disciplines focused on understanding and manipulating living or biologicallyactive material at the molecular level, often involving dna techniques and the analysis of genetic information. Both protect the product, but a only covers the expression of an idea. Finally, it recommends a system of software patents. Intellectual property rights in software freibrun law. Each page of the application should be oriented with the short side at the top. Further, software protected under the patents act should satisfy the patentability criteria. Software that is open source means that the author recognises her.
The united state supreme courts ruling in bilski v. Be aware that patenting a product costs money so do thorough research first. Ict stakeholders ponder move to patent software business. In fact, open source principles operate only where there are s protecting the underlying software. Before you file for your patent, you must complete a search of the prior art. Stallman on march 25, 2002, at the university of cambridge computer laboratory, organized by the foundation for information policy research.
The patent was granted on august 17, 1966 and seems to be one of the first software patents. This particular scenario is best exemplified by the ongoing mpesa debate. Software patents are a topic of controversy both in the united states and around the world. Kenya is also a member of the world intellectual property organization wipo world intellectual property organization wipo, which administers the international patent. Aug 04, 2017 in this article, we shall take a look at the patenting systems in africa, which are a complicated mix of national and regional systems, and the costs involved. The successful branding of mpesa by safaricom is what has given kenya the global. An invention is nonobvious if it is more than a trivial, obvious next step in the advance of the technology. It also discusses its use and structure from a systems point of view and the computers point of view. Software patents obstacles to software development.
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