PATENTS AND UTILITY MODEL REGISTRATION PROCEDURE

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