PATENTS AND UTILITY MODEL REGISTRATION PROCEDURE FOR REGISTRATION 1. PATENTS AND UTILITY MODEL 1.1 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. A utility model is easier to get than a patent and its protection is 10 years. 1.2 Requirements for an invention to be patented i. ii. iii. iv. Novel/new – The invention should not be described in any publication published anywhere in the world. Inventive – The new product or process should not be obvious to a skilled person. Industrial applicable – Should be useful. Patentable subject matter– Should be acceptable to be patented under the law; discoveries, theories, business methods are examples of things that are not patentable. 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 Step 2 Step 3 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. URSB office receives documents and if the filing requirements have been satisfied, the application is assigned a filing dateand a patent application number. 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 forcethe patent holder is required to pay annual maintenance fees. SCHEDULE OF FEES (Industrial Property Regulations, …..) No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Item Search under Regulation 65(1) Applicationforapatent with a final specification Application for a patent with a provisional specification Excess claims fee for each claim in excess of ten Publication of Patent application in the Intellectual Property Journal Request for substantive examination Grant of a patent Requestforacertified copy Request for an uncertified copy Annual fee for an application or patent under Regulation 35(1): For 2nd year For 3rd year For 4th year For 5th year For 6th year For 7th year For 8th year For 9th year For 10th year For 11th year For 12th year For 13th year For 14th year For 15th year For 16th year For 17th year Fees Local applicant Form 20,000 Foreign applicant 50 40 100,000 100 2 20,000 100 2 5,000 50,000 20 150,000 90,000 50,000 50 250 100 50 10 12 27 50,000 50 40 50,000 70,000 90,000 110,000 130,000 150,000 170,000 190,000 210,000 230,000 250,000 270,000 290,000 310,000 330,000 350,000 50 70 90 110 130 150 170 190 210 230 250 270 290 310 330 350 44 For 18th year For 19th year For 20th year 11. 12 13. 14. Utility Model Filinga Utility model application with a finalspecification Filinga Utility model application with a provisionalspecification Grant of Utility Certificate AnnualfeeforaUtilityCertificate: Feeduein1styearaftergrant Feeduein2ndyearaftergrant Feeduein3rdyearaftergrant Feeduein4thyearaftergrant Feeduein5thyearaftergrant Feeduein6thyearaftergrant Feeduein7thyearaftergrant Feeduein8thyearaftergrant Feeduein9thyearaftergrant Feeduein10thyearaftergrant 370,000 390,000 410,000 370 390 410 30,000 50 2 15,000 50 2 50,000 50 23 30,000 30,000 30,000 60,000 60,000 60,000 100,000 100,000 100,000 100,000 50 50 50 100 100 100 150 150 150 150 44 For more information contact: UGANDA REGISTRATION SERVICES BUREAU Plot 5, Georgian House, George Street P.O Box 6848 Kampala, Uganda Tel: +256 41 233219,+256 414 258818 Fax: +256 414 257259, 250712,348107 Email: [email protected] Website: www.ursb.go.ug
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