Q: I am a tech-savvy entrepreneur who has just developed an innovative wearable device that can monitor and enhance mental well-being. With the growing interest from potential investors, I want to ensure my invention is protected before making it public but I am unsure on how to navigate the entire registration process. What are the key steps I need to follow to protect the invention?

A: Registering a patent is a crucial step in safeguarding your invention, and here’s a comprehensive guide to help you navigate the process:

1. Conduct a Preliminary Patent Search: Before diving into the application process, you should perform a thorough patent search. This involves searching existing patents and patent applications to ensure the invention is not already patented.
2. Evaluate the requirements for patentability: There are three major requirements for patentability:
   • Novelty: To be granted a patent, the invention must be new.
   • Inventive step: To be patentable, your invention must be a new development or an improvement that is not obvious to workers/people of average skill in the technology involved.
   • Industrial applicability: The invention must have a practical use and be functional.
3. Prepare the application: The application must adhere to the following requirements;
   • A detailed description of the invention: A comprehensive explanation of the invention, including how it works.
   • Claims: These are specific statements defining the scope of protection.
   • Drawings: Detailed diagrams or illustrations that demonstrate the invention’s features.
   • Abstract: An abstract must include the title of the invention and a summary of the disclosure included in the description.
4. File the Application: A patent application is made by filing a patent specification together with the necessary forms. You can file your patent application through the patents’ office at the Kenya Industrial Property and pay the prescribed filing fee. Once accepted for filing, your application is assigned a number and filing date.
5. Examination Process: Once filed,  the examination process typically involves the following;
   • Formality examination: This involves checking for completeness and adherence to requirements.
   • Substantive Examination: You must formally request for substantive examination and pay the examination fees. This request must be made within 5 years of the filing date. Substantive examination involves evaluating the patentability of the invention based on novelty, inventive step and industrial applicability..
6. Address Rejections or Amendments: If the patent examiner finds issues with the application, you will receive an examination report referred to as office action. The examiner may either reject your whole application, some claims or require that some amendments be done on the application. Once you have received the office action you may respond by either making changes to the application or appealing the decision. Responding to this office action promptly and thoroughly is crucial. On receiving your response, the examiner will study it and prepare a response that either grants you the patent or requires more amendments.
7. Publication: The patent is published in the Kenya Industrial Property Journal twice. After the formality examination, the application is filed. Thereafter, once a grant is issued, this is also published.
8. Receive Patent Grant: If the application meets all requirements and no objections remain, you will receive a patent grant and the certificate of Grant of Patent will be issued. The timeframe from filing to grant of a Patent in Kenya is approximately 36 months to 48 months.
9. Maintenance Fees: To keep the patent active, you must pay maintenance fees annually on the anniversary of the filing date. Failing to do so could result in the patent lapsing.

Key Considerations:

• Legal Assistance: The drafting of any patent specification is a highly specialized task. A trained patent agent can save you from many headaches caused by things such as a poorly drafted patents that inadequately protect your invention. Although hiring such a patent agent is not mandatory it is highly recommended to have one.
• Cost and Time: Patent registration can be a lengthy and costly process. Budgeting for application fees, potential legal costs, and waiting periods is essential.

For more information, please contact us at info@cfllegal.com.