What is a patent?
A patent is an exclusive right granted by the government for an invention, which is either a product or process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. The exclusive rights help inventors to prevent others from taking advantage of their ideas/inventions.
A patent provides protection for 20 years to an inventor for a new product or process in return for the disclosure of their invention.
Requirements for an invention to be patented
PROCEDURE FOR REGISTRATION.
1.3 Steps to file a patent application
Before filing for a patent application, it’s advisable for an applicant to conduct a basic search using any search engine like Google to determine if his/her invention is new.
|Step 1||Applicant submits application for a patent containing the following:
• Request letter seeking patent protection
• Completed patent application form
• Patent specification– document describing the invention should include: title, abstract, description, claims and drawings if any. Claims define what shall be protected.
• Receipt of payment of application fees
• Power of attorney for someone not residing or whose business is not in Uganda.
|Step 2||URSB office receives documents and if the filing requirements have been satisfied, the application is assigned a filing dateand a patent application number.|
|Step 3||Publication of patent application 18months from the filing date|
Note: Assessment for fees can be done at URSB officesor self-assessment at URA web portal www.ura.go.ug
1.4 Examination of a patent application
An application found to be in order is subjected to search and examination as to substance. Here basically a Patent Examiner or other competent authority examines the patent application to determine if the claimed invention fulfils all requirements for patentability.
|Step 1||Applicant submits request for examination of application, this should be
within three years from the filing date.
|Step 2||Application is examined by an Examiner or other competent authority.|
|Step 3||Examiner or other competent authority compiles an examination report, a copy
is submitted to the applicant.
1.5 Grant and publication of a patent
|Step 1||Applicant notified on grant/refusal of a patent.|
|Step 2||Upon notification of grant of patent, applicant shall pay grant fees.|
|Step 3||Issuance of certificate of grant of a patent.|
|Step 4||A granted patent shall as soon as practicable be published in the gazette.|
Note: An application which has not satisfied the requirements of patentability, the application is rejected or the applicant is advised to amend the claims accordingly.
For the patent to remain in force the patent holder is required to pay annual maintenance fees.
|Local Applicant (UGX)||Foreign Applicant (USD)|
|Amendment/Division of application||50,000/=||50|
|National Phase Entry of PCT application||60,000/=||150|
|Restoration of a patent||100,000/=||300|
|Request for change of ownership||100,000/=||200|
|Certificate of change of ownership||50,000/=||30|
|Request to amend name, address or other contact information||30,000/=||50|
|Request for extension of time||50,000/=||50|
|Publication of patent application||50,000/=||50|