What is Patent

  • A patent is the title granted to protect inventions. An invention is an idea of an inventor that permits in practice the solution to a specific problem in the field of technology, and the invention may be or may relate to a product or a process that provides a new way of doing something or offers a new technical solution to a problem in the field of technology. Patents offer exclusive rights for a specific period of time, in which the patent owner has the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into Ethiopia.
    The exclusive rights provide incentives for the patent holder to undertake further research and development. Patents encourage innovation by allowing inventors to recoup their R&D investments during a period of exclusivity. They also improve market position because a patent holder can license or enforce their rights. At the same time, patents encourage additional innovation by requiring the publication of technical know-how. In business, patented inventions are frequently valuable assets that attract partnerships, investment, or joint ventures.

Patentability Requirements

  • Ethiopian law adheres to the common standards of novelty, inventive step, and industrial applicability. This indicates:-
  • Novelty:- The invention must be truly novel and not previously disclosed anywhere in the world (via publications, products, or public use).
  • Inventive step (non-obviousness): -The invention must not be obvious to a person with ordinary skill in the field given what was previously known.
  • Industrial applicability:- The invention must have a practical application; it can be manufactured or used in a specific industry or activity.

Patent Application Includes

  • The application must include a request for a patent, a description of the invention, one or more claims, an abstract, and other information as needed, like drawings.
  • Request:- The patent application must include a petition and information on the applicant, inventor, and agent (if applicable), as well as the invention title. If the applicant is not the inventor, the application must include a declaration proving the applicant's right to the patent.
  • Description:- The description must disclose the invention in a clear and complete manner that allows the invention to be carried out by a person with ordinary skill in the art, and it must, in particular, indicate at least one mode known to the applicant for carrying out the invention. The description may be used to interpret the claims.
  • Claims:- The claims must clearly and concisely state the subject matter for which protection is sought. The claims shall be fully sup­ported by the description.
  • Drawings:- Drawings shall be required when they are deemed necessary for the understanding of the invention and may be used to interpret the claims.­
  • Abstract:- The abstract shall merely serve the purpose of technical information; however, it shall not be taken into account for the purpose of interpreting the scope of protection.

Non-patentable Inventions

  • The following are not protected by patent law:-
  • Inventions contrary to public order and morality.
  • Plant or animal or essentially biological processes for the production of plants or animals.
  • Schemes, rules, or methods for playing games or performing commercial or industrial activities and computer programs.
  • Discoveries, scientific theories and mathematical methods
  • Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body.