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Protecting intellectual property; Patents

ArticleID 75  
Writer Grace Odinga
Category Personal Article

There are 5 basic forms of intellectual property that can be protected:

• Patents

• Copyrights

• Trademarks

• Mask works

• Trade secrets.


A patent is a set of exclusive rights granted by a government to an inventor for a limited period of time in exchange for the public disclosure of an invention.

When a patent is issued, the government grants the owner of the patent, the right to exclude others from making, using or selling the invention. This means that no one except the owner may make use of the invention unless given authority to do so.

After the patent expires, anyone may make, use or sell the invention.

What is eligible for Patents?

• Inventions in of Technology whether a device, substance or process.

• Human Necessities like Agriculture, foodstuff, personal or domestic articles, health and amusement.

• Performing operations and transporting: separating, mixing, shaping, printing and transporting.

• Chemistry and metallurgy applications.

• Mechanical engineering, lighting, heating, weapons, blasting including engines, pumps and engineering in general

• Physics involving Instruments and nucleonic.

• Electricity

What is exempted from patents?

The following are not regarded as inventions and are excluded from patent:

• Discoveries or findings that are products or processes of nature where mankind has not participated in their creation e.g. plants, microorganisms

• Scientific methods.

• Schemes like investment or insurance.

• Book keeping methods

• Business methods e.g. credit or stock methods

• Computer programs

• Rules for playing games (The games equipment may be patentable).

• Methods for treatment of human or animal body by surgery or therapy, as well as diagnostic methods;

• 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.

Patents, Protecting Intellectual Property, Making Money, Entrepreneurship
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