Innovation and Public Disclosure

Protecting First, Publishing Later

For many Kenyan innovators, the urge to share their creation with the world—on social media, through conferences, or investor pitches—comes naturally. However, what many don’t realize is that public disclosure before applying for intellectual property (IP) protection can destroy the novelty of an invention.

This article explains the risks of premature disclosure and how to safeguard your innovation with guidance from KIPI.

 

Why Public Disclosure Can Be Risky for Kenyan Innovators

Public disclosure may seem harmless, especially when creators want visibility, support, or investors. However, it carries significant risks:

1. Loss of Patent Rights

A patent requires that the invention be new at the time of filing. If it has already been shared publicly, its novelty may be compromised. This can prevent the inventor from securing exclusive rights.

2. Increased Exposure to Idea Theft

Once an idea becomes public, anyone can access it. Unscrupulous competitors may replicate, improve, or commercialize it faster than the original creator.

3. Reduced Commercial Value

Investors prefer innovations that are legally protected. Public disclosure without protection may reduce investor interest because the competitive advantage weakens.

4. Limited Legal Remedies

Without prior application or registration, enforcing ownership becomes difficult. Even with clear evidence, legal claims may not hold if the idea was already open to the public.

The Legal Standard of Novelty in Kenya

According to the Industrial Property Act (2001), Section 22, an invention is deemed new only if it has not been disclosed anywhere in the world prior to the filing date.

Some exceptions exist, such as:

• Grace Period: If the disclosure occurred within 12 months before filing, and was made by the inventor, it may be exempt from novelty destruction. 
• Confidential Disclosure: Sharing under an NDA does not constitute public disclosure. 

 

How Kenyan Innovators Can Safeguard Their Ideas Before Publishing

Fortunately, creators can secure their work through structured steps. These measures help preserve ownership while still allowing promotion and collaboration.

1. File for IP Protection Early

The most reliable way to protect an invention is to file for a patent, utility model, or industrial design with KIPI. Even a provisional application can secure early filing dates and prevent loss of rights.

For patenting details, you can refer to KIPI’s guidelines (insert outbound link).

2. Use Non-Disclosure Agreements (NDAs)

Before sharing your innovation with partners, potential investors, or team members, use an NDA. This legally binds the other party to confidentiality.

NDAs are particularly useful for:

• pitch meetings

• prototype testing

• collaborative development

3. Keep Detailed Records

Maintain dated notes, drafts, sketches, and development stages. Such documentation can support ownership claims and strengthen legal protection.

4. Share Only Essential Information

When presenting ideas in public forums, avoid revealing full technical details or proprietary components. Give an overview that describes the idea without exposing the core innovation.

5. Use Safe Publishing Strategies

If disclosure is necessary—for example, in research—ensure protection is already in place or use controlled-access publishing. Some journals allow authors to submit abstracts without releasing full data.

Understanding the Grace Period Provision

Kenya allows a 12-month grace period for inventors who unintentionally disclose their inventions before filing. However:

• The burden of proof lies with the inventor. 
• Grace periods do not apply uniformly in all jurisdictions, which affects international filings. 

Best Practice: File before any form of public disclosure to ensure full international protection.

 

Best Practices for Kenyan Innovators Before Publishing Any Work

To minimize risk and maximize value, creators should adopt the following practices:

• Research whether your idea qualifies for patent, design, or copyright protection.

• Seek professional advice from a registered IP agent or legal expert.

• Consider filing provisional applications to secure early priority.

• Avoid oversharing on social media during development.

• Create controlled sharing environments for feedback or collaborations.

• Understand the specific requirements of each IP regime in Kenya and internationally.

 

How KIPI Can Help

KIPI provides:

• Advisory on filing strategy before public demos 
• TISC (Technology and Innovation Support Centers) access for prior art search 
• Referrals to IP attorneys for NDA drafting and legal compliance 

 

Innovation thrives when creators understand how to protect their ideas. Public disclosure, although common in today’s digital world, can undermine ownership if not handled wisely.

By filing for protection early, using NDAs, maintaining development records, and limiting unnecessary exposure, Kenyan innovators can confidently share their work without losing control.

As Kenya continues to grow its innovation ecosystem, knowledge of intellectual property rights becomes a powerful tool for creators seeking long-term success.

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