The claim of an invention passes filing a patent application. A patent is a title that gives a person the right to prevent others from exploiting the invention. This is almost more of a monopoly for a period of 20 years, which is given by the state in return for the disclosure of this invention. The disclosure of the invention must be detailed enough to allow anyone to use the term of the monopoly period.

But what are the conditions for an invention to be patentable ?

Article 3 of Burundian law on industrial property states that "An invention is patentable if it is new, involves an inventive step and if it is susceptible of industrial application". This article thus poses three requirements for patentability:

• The invention must be new: the novelty is determined by reference to the state of the art. Thus, an invention is new if it does not already exist in the prior art. Under Article 4 of the aforementioned law, "state of the art consists of everything made accessible to the public, regardless of the place, the means or manner, before the date of filing the application patent in Rwanda or that deposited abroad and whose priority has been rightfully claimed."

• The invention must be capable of industrial application: according to Article 7 of Rwandan law, an invention is capable of application when it can be made or used in any kind of industry, including handicrafts, the agriculture, fisheries and services. However, it is not enough on the invention can be manufactured industrially. It is also necessary that it has substantial and credible interest at the time of filing the patent application.

• The invention must involve an inventive step: Inventive step means that the invention must not be obvious to a person with ordinary skill in the field. To evaluate the inventiveness, generally reflects the problem that the invention proposes to solve, the solution proposed to solve this problem and advantages of the invention relative to the state of the prior art.

All inventions are they patentable?

No. Indeed, the law excludes from patentability the following items:

• Discoveries, scientific theories and mathematical methods, schemes, rules or methods for doing business, in performing purely mental acts or playing games;
• Methods of surgical or therapeutic treatment of humans or animals as well as diagnostic methods. This provision does not apply to products used for the implementation of any of these methods; natural substances, even if they are purified, or isolated syrithétisées otherwise;
• Known substances for which a new user was discovered;
• Plants and animals, including parts thereof, other than micro-organisms, and essentially biological processes for the production of plants or animals and parts thereof, other than non-biological processes and microbiological;
• Animal breeds and plant varieties;
• The invention whose exploitation is contrary to public order or morality, provided that the exploitation of the invention is not contrary to public order or morality merely because it is prohibited by legislation;
• Pharmaceuticals, until 1 January 2016.

And how to get protection?

The patent application is filed with the Department of Intellectual Property and Documentation of the Ministry of Commerce. The application must contain:

• A detailed description of the invention which also show the art to which the invention relates, indicating the state of the prior art and a statement of the nature of invention to enable understanding the technical problem and the solution provided him and the added value provided by the invention.
• Clear and concise claims which define the scope of protection;
• Drawings of the invention to ensure a proper understanding of the description;
• An abstract of the technical content.

Keep in mind that patent protection is strictly territorial. Thus, the patent granted by Rwanda confers protection in Rwanda. But the WIPO system through the Patent Cooperation Treaty (PCT) offers a solution to the international patent application.