Understanding the Patent Application Process in Uganda

Patent means a title or legal right granted to protect an invention. It is an official certificate issued by a government authority, giving the inventor exclusive rights to make, use, sell, or license the invention for a limited period, usually 20 years from the filing date. This title protects the invention, which means no one else is legally allowed to make, use, sell, or import that invention in the country without the inventor’s permission.

Invention means a new and useful art whether producing a physical effect or not, process, machine, manufacture or composition of matter which is not obvious, or a new and useful improvement of it which is not obvious, capable of being used or applied in trade or industry; and includes an alleged invention;. Simply put, an invention is not just an idea, but a practical, technical solution to a real-world problem. It must be new, useful, and capable of industrial application. An invention can either be a product or a process a method of doing something.

There are certain categories of subject matter that cannot be patented, either because they are not considered technical inventions or because of public interest concerns. These include discoveries, scientific theories, and mathematical methods. Also excluded are schemes, rules, or methods for doing business, performing purely mental acts, or playing games. Medical methods used for diagnosing, treating, or performing surgery on humans or animals are likewise excluded though medical devices and, in some cases, pharmaceutical products can be patented.

Additionally, the mere presentation of information, such as a new way of organizing or displaying data, is not patentable unless it involves a technical process. Living plants and animals cannot be patented, although microorganisms like bacteria used in biotechnology may be protected. Similarly, purely biological processes for producing plants or animals are excluded, while non-biological or microbiological processes may qualify for protection.

Pharmaceutical products and related test data were excluded from patent protection in Uganda until 1st January 2016, or for a longer period as may be granted to Uganda.

Natural substances, even when purified or isolated, are not patentable; however, the processes used to extract or synthesize them can be. Lastly, the human body and all its parts whether whole or in part, including organs, tissues, or genes are excluded from patent.

In Uganda, the process of obtaining and regulating patents is governed by the Industrial Property Act, 2014, and it’s supporting Industrial Property Regulations, 2017. These laws establish the legal framework for patent protection, define what can and cannot be patented, set procedures for filing and examination, and outline the rights and obligations of patent holders and applicants. The Ugandan Patent Registry, operating under the Uganda Registration Services Bureau (URSB), administers patent applications and grants patents in accordance with these laws.

An invention is considered patentable if it meets three main requirements:

1. Newness: it must not have been disclosed or used anywhere in the world before the application date;
2. Inventive Step: it should not be obvious to a person skilled in the relevant technical field;
3. Industrial Applicability: it must be capable of use in some industry or practical field to produce a useful result.

These criteria ensure that patents are granted only for genuine technological advancements that offer practical benefits.

How to Apply for a Patent in Uganda

To apply for a patent originating in Uganda, the applicant must submit the following to the Registrar:

1. A completed application form,
2. A description of the invention explaining how it works and its background,
3. At least one claim defining what is new and needs protection,
4. Drawings if applicable,
5. A short summary of the invention (abstract),
6. The correct application fee, and
7. If the applicant is not based in Uganda, they must appoint a Ugandan lawyer (Advocate of the High Court) to represent them.

The description should clearly explain what the invention does, how it works, and why it differs from existing knowledge. Claims specify the parts of the invention to protect and multiple claims are allowed, though more than 10 claims require additional fees.

Drawings should be clear and understandable. The abstract should be a brief explanation, limited to 150 words, and reference the key drawing if any.

Applications must be easy to read, use standard units (with metric equivalents if non-metric used), and disclose if the invention was applied for in other countries.

Filing Date and Corrections; The official filing date is when the Registrar receives all required documents. Missing elements like drawings must be submitted within 60 days; failure to do so may cause the application to be treated as never filed. Generally, applicants can correct their application once unless otherwise permitted by the Registrar.

Confidentiality and Publication; Patent applications remain confidential until publication. However, basic information like the inventor’s name, invention title, and filing date may be disclosed.

The Registrar publishes patent applications 18 months after the filing or priority date in the Uganda Gazette and at least one major local newspaper, ensuring public awareness.

Search and Examination; The Registrar may conduct a search to verify the invention’s novelty. A full examination may also be done by experts. If the invention fails to meet requirements such as novelty, usefulness, or unity, the application may be rejected unless the applicant remedies the issues.

What Happens After You File a Patent Application in Uganda?

After filing, several steps follow include as follows:

1. Unity of Invention: Applications must focus on one invention or closely related inventions. If unrelated inventions are included, the Registrar may require splitting into separate applications within 60 days.
2. Making Changes: Applicants may amend the application twice, staying within the original description. Divisional applications may be filed, inheriting the original filing date and priority.
3. Claiming Priority: If the invention was filed earlier in another country, applicants can claim that earlier filing date as priority, providing details and certified copies if requested within 90 days.
4. Foreign Application Information: The Registrar may request information on similar foreign applications, including decisions and examination reports, to assess novelty.
5. Search and Examination: The Registrar may request an international-type search. If the invention is not new or does not meet legal requirements, the applicant must resolve these issues or face rejection. If already patented in Uganda, the claim must add new features.
6. Grant and Publication: Once accepted, the applicant is notified. After paying fees, a patent certificate is issued and the grant published in the Gazette with key details.
7. Opposition: Anyone can oppose the grant within one year, submitting reasons and evidence.
8. Appeal: If refused, applicants have two months to appeal in court.
9. Grant and Refusal of Patent; If the application meets all requirements, the Registrar issues a patent certificate and publishes the grant. If rejected, the applicant is notified and may appeal within two months.

Conclusion

Applying for a patent in Uganda involves clear steps, from preparing accurate documentation to ensuring your invention meets legal standards. The law protects inventors’ rights while requiring adherence to strict criteria and procedures. Understanding what can be patented, the application content, and post-filing steps is key to securing patent protection. This process supports innovation and fosters technological advancement in Uganda.