The Patentability of Inventions as Described by the Patents (Registration) Act (CAP.217, R.E. 2002)

Abstract

Patents compared with any other intellectual property rights have unique features. In copyrights and trademarks, intellectual property rights may be protected regardless of their registration or not. This is somehow difficult in patents. It is very easy to infringe patent other than trademark and copyright, and this is what made the protection of it being crucial.

We are living in the world of science and technology, and as patent involves inventions and innovations it could be unworthy and dangerous not giving it high degree of protection compared to other intellectual property rights. In Tanzania, patent is protected by the Patent (Registration) Act, [CAP.217, R.E. 2002].

The Act was enacted so as to make better provisions for the promotion of inventivity and innovation for the facilitation of the acquisition of technology on fair terms through the grant and regulation of patents, utility certificates and innovation certificates.

The Act has provided a number of provisions on how various inventions can be patentable upon a number of conditions.

However, the Act is silent on the protection of inventions and innovations in digital age. It is only copyright among other intellectual property rights which to a certain extent protects intellectual rights in digital environment.

This paper aim at showing those conditions, elements to be fulfilled by the petitioner(s) on the patentability of patent in Tanzania.

Keywords: Patent, Patentability, Technology, Science, Law, Patent (Registration) Act, CAP. 217 R E. 2002