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.

An application for an exploration licence is made to the Minister and must be accompanied by a certified copy of the certificate of incorporation, memorandum and articles of association and a board resolution of the company; be accompanied by a plan of the area over which the licence is sought, identify the minerals in respect of which the licence is sought, give in respect of the person or, where there is more than one person, the name and nationality of each person, making the application; and in the case of a body corporate, its name and place of incorporation, the names and nationalities of the directors, managers and other officers of a similar rank; and where the body corporate has a share capital, the name of any person who is the beneficial owner of more than five per cent of the issued share capital.

The application must also contain information on the financial status and the technical competence and experience of the applicant; state the period, not exceeding four years, for which the licence is sought; be accompanied by a proposed programme of exploration operations for the proposed period of the licence and the estimated cost of the operations; contain evidence in support of the existence of the minerals which the licence will cover in the proposed exploration area; contain a statement giving particulars of the applicant’s proposals with regard to the employment and training of Ugandan citizens and a training plan and budget; and contain a statement on the procurement plan of goods and services available in Uganda and commitment to give priority to locally available goods and services.

The exploration licence is required to be processed expeditiously and therefore, the Mining Cadastre Department is required to process an application in any case not later than thirty days after receipt of the application and submit to the Minister recommendations for a decision.

The Minister may grant an exploration licence with an approved programme of exploration operations for an area not more than 250 square kilometres and may include a condition that the Minister may withdraw or cause to be relinquished portions of the licence area covering land that has been ear marked by Government for public infrastructure projects, at no cost to Government. Except in special circumstances a person is not to be directly or indirectly through beneficial ownership, hold more than five exploration licences at any given time. Beneficial ownership means the control, possession, custody or enjoyment by any person, directly or indirectly, of a reasonably significant economic interest in a given legal entity or receiving significant economic benefit from such a legal entity, even where formal ownership or title may be in the name of another person or entity. In addition to any other qualifying criteria, a person is automatically considered to be a beneficial owner where such person owns five percent or more of the legal entity in question.

An exploration licence will state the date of grant of the licence; the exploration area to which the licence relates; the mineral to which the licence relates; and the conditions on which the licence is granted. There may be included in an exploration licence, a provision with respect to the exercise by the Government, or the Uganda National Mining Company of an option to acquire on stipulated terms, or on terms to be agreed, an interest in any venture for the exploration which may be carried on in the exploration area.

The law imposes several restrictions on grant of exploration licence. An exploration licence cannot not be granted over an area of land which is the subject of a large scale mining licence, medium scale mining licence, retention licence, artisanal or small scale mining licence; or in a fragile or sensitive ecosystem or protected area without the consent in writing of the responsible Govemment ministry, department or agency. Additionally, where an area of land is subject to an exploration licence, no other exploration licence can be granted in respect of that area, except in respect of an exploration licence for geothermal resources.

An exploration licence cannot also not be granted unless the applicant has adequate financial resources, technical competence and experience to carry out effective exploration operations; the programme of proposed exploration operations is adequate for the period of the licence; the applicant’s proposal for exploration operations has provided for the employment and training of Ugandan citizens and purchase of goods and services available in Uganda;  the applicant is able and willing to comply with the terms and conditions of the exploration licence; the relevant consents required under any other written law have been obtained; the minerals to which the proposed exploration licence relate exist in the proposed exploration area; and the applicant is not in default.

An exploration licence can be valid for a period not exceeding four years and may be renewed three months before it expires for a single period not exceeding three years. Applications for renewal must also be considered expeditiously with in three months such that renewal takes effect immediately upon expiration.

An exploration licence confers on the holder of the licence the exclusive right to carry on exploration operations in the area of land and for the mineral to which the licence relates and may for such purposes either himself or herself, or by or through his or her employees or agents, enter the exploration area and erect camps and temporary buildings, including installations in any waters forming part of the exploration area.The erection of camps or buildings does not confer any right or title to or interest in the exploration area and must be done in in compliance with the National Environment Act, 2019 and other existing legislation.

The holder of an exploration licence has the obligation to commence exploration not later than four months from the date of issue of the licence; meet local content requirements of employment of Ugandan Citizens; pay the prescribed annual mineral rent for the whole area covered by the exploration licence prior to the grant of the licence, and thereafter, annually on or before the anniversary of the grant until the termination of the exploration licence; carry on exploration operations in accordance with the approved programme of exploration operations and the certificate of approval of environmental and social impact assessment; notify the Minister of the discovery of any mineral other than the mineral to which the licence relates within thirty days of the discovery; and unless otherwise stipulated, remove, within sixty days of the expiry of the exploration licence, any camps, temporary buildings or machinery erected or installed for the exploration activities or otherwise make good any damage to the surface of the land occasioned by such removal and other activities, to the satisfaction of the Minister and any relevant authority.

The holder of an exploration licence must also keep full and accurate records of its operations and submit to the minister quartely reports on the above which must show the boreholes drilled, formations penetrated, with detailed logs of the formations; minerals discovered; the result of any geochemical or geophysical analysis; the result of any analysis and identification of samples removed for such purposes; the geological interpretation of the records maintained ; the number and particulars of persons employed by nationality, gender and position held; and any other work done under the exploration licence. Non compliance with the above is a criminal offence punishable upon conviction with a fine not exceeding ten thousand currency points or imprisonment for a term not exceeding five years or both.

The threshold for a small scale mining licence is any amount exceeding nineteen thousand four hundred and ten (19,410) currency points to nine hundred seventy thousand and five hundred (970,500) currency points. This is approximately any amount exceeding 19410*20000= UGX388,200,000 to 970500*20000= UGX 19,410,000,000.

Persons eligible for such licence include an individual who is a citizen of Uganda, a cooperative society or association, a partnership or company registered under the laws of Uganda and exclusively comprising of Ugandans.

Applications for the licence are also made to the minister in a prescribed manner and must state the full name of the applicant and, in the case of a partnership or other association of persons, the full names and nationalities of all such persons; and in the case of a body corporate, the registered name of the body corporate and particulars of the shareholders;  identify the mineral in respect of which the licence is sought; indicate the area in respect of which the licence is sought; be accompanied, in case of a body corporate, by a certified copy of certificate of incorporation, memorandum and articles of association and a board resolution; a statement of particulars of the nature of the mining operations proposed to be carried out, the capital and experience available to the applicant to conduct prospecting and mining operations of the mineral efficiently and effectively;  a plan of the area over which the licence is sought; documentary evidence that consent to use the land for mining purposes has been given by the registered owner, customary owner, lawful occupant or bonaflde occupant of the land for mining pulposes; a certificate of approval of environmental and social impact assessment.

The application must also state the period applied for; and give or be accompanied by a statement giving particulars of the programme of proposed mining operations, including a statement of the likely effects of the proposed mining operations on the environment and on the local population and proposals for mitigation and compensation measures;  any particular health or other risks involved in the proposed mining operations, particularly radioactive minerals, and proposals for their mitigation or elimination; proposed programme for value addition, where applicable; the proposed marketing arangements for the sale of the mineral production; and written proof that he or she has obtained surface rights from the registered owner, customary owner, lawful occupant or bonafide occupant of the area the applicant intends to mine.

Where the applicant fulfils all the requirements the licence is granted and where its not granted the reasons must be stated in writing. A medium scale mining licence cannot be granted over an area of land in or which is, an exploration area, a retention area or a mining area unless the applicant is the holder of an exploration licence, a retention licence, an artisanal mining licence, a small scale mining licence or large scale mining licence, as the case may be, in respect of that area.

The area to be covered by the small scale mining licence has not been specified in the Act but shall be prescribed by the minister in subsequent regulations. A small scale mining licence is given for a validity period not exceeding five years, renewable on application made to the Minister for such further periods not exceeding three years at a time and is subject to cancellation where the holder of the small scale mining licence has entered into an arrangement with a person who is not a citizen of Uganda, the effect of which is to transfer to that person the benefit of such licence; or where within a period of six months from the date the licence was granted or renewed no mining operations have commenced under the licence; or the small scale mining licence is not being worked in accordance with the mine development plan and the conditions of grant of the licence.

The holder of a small scale mining licence has the right to enter his or her mining licence area, subject to the conditions of the licence; has the exclusive right to prospect for and mine in that area; and the right to remove and dispose of the mineral in respect of which the licence was issued. The holder of a small scale mining licence is required to carry on exploration and mining operations in the licence area in good faith; furnish the Minister with such information relating to the operations under the licence as the Minister may reasonably require;

The holder of a small scale mining licence is also required to carry out promptly any directives relating to his or her exploration or mining operations which may be given to him or her by the Minister or an authorised officer for the purpose of ensuring safety or best mining practices; before beginning or ceasing any exploration or mining operations, notify in writing, the appropriate local authority and an authorised officer of his or her intention to begin or cease any such exploration or mining operations; carry out environmental and social assessment, rehabilitation, reclamation and restoration of mined out areas in accordance with the mines closure plan and the National Environment Act, 2019; submit to the Minister monthly returns of his or her operations; where not personally supervising the exploration or mining operations under the licence, employ a mines manager approved by the Minister for the purpose of supervising its exploration or mining operations; sell the minerals obtained in the small scale mining licence area in a manner prescribed by regulations; keep accurate records of winnings from the small scale mining licence area and such records shall be produced for inspection upon demand by authorised officers; and submit reports as shall subsequently be prescribed by regulations.

The threshold for large scale mining licence is Capital Investment exceeding nine teen million four hundred and ten thousand (19,410,000) currency points (equivalent to 19,410,000 * 20,000 = 388,200,000,000 UGX).

A holder of an exploration licence may apply for a large scale mining licence to the minister. The application must be in the form prescribed by the regulations and must be accompanied by the following requirements.

• a copy of the exploration licence or retention licence, which must still be valid; 
• proof of payment of any taxes and fees due;
•  in respect of the company- the registered name and place of incorporation of the company; the certificate of incorporation and a certified copy of its memorandum and articles of association; a board resolution; and the names and nationalities of its directors and the name of every shareholder who is the beneficial owner of five percent or more of the issued share capital;
• the company profile and history of mining operations in Uganda and elsewhere and the details of any mineral rights held in Uganda, by the applicant or by any person controlling, controlled by or under joint or common control with the applicant;
•  the period applied for, informed by a feasibility study;
•  the minerals in respect of which the licence is sought;
• a plan of the area over which the licence is sought;
•  the name and qualifications of the person responsible for supervising the proposed programme of mining operations;

• a statement giving details of the mineral deposits in the area of land over which the large scale licence is sought, including details of all known mineral reserves proved, estimated or inferred, and mining conditions in accordance with recognised international mining standards;
• a statement giving particulars of expected infrastructure requirements;
• an environmental and social impact assessment in accordance with the National Environment Act, 2019;
• a feasibility study and assessment by an appropriate expert or accredited consultant on the extent and prospect for recovery and the commercial and economic significance of the mineral deposit;
• and a detailed timetable for the work which is to be carried out;

•  the identification of interested and affected parties including the registered owner, customary owner, lawful occupant or bonafide occupant of the proposed mining area and details of minutes of any consultative meetings with interested and affected parties and the results of the consultation;
• a report on the goods and services required for the mining operations which can be obtained within Uganda and the applicant’s proposals with respect to the procurement of those goods and services;

• a statement giving particulars of the applicant’s proposals with respect to the employment and training of citizens of Uganda, technology transfer and progressive reduction of expatriate workers in the industry;
•  details of the applicant’s proposals for insurance including health cover for its employees and workers’ compensation;
• proposals for value addition;
• the proposed marketing arrangements for the sale of the mineral to be produced;
• the financial and technical resources available to the applicant to carry out his or her obligations under the licence;
• a plan for co-existence with customary landowners or communities owning the land in the area subject to a mineral right;
• a business plan giving a detailed forecast of capital investment, operating costs and revenues;

• and the anticipated type and source of financing including the year for the positive cash flow, financial plan and capital structure;
• a statement giving particulars of the proposed programme of mining operations, including a statement of the estimated date by which the applicant intends to break-even, the estimated capacity of production and scale of operations; the estimated overall recovery of mineral and mineral products; the nature of the mineral products; proposals for the progressive rehabilitation and decommissioning of land disturbed by mining and for the mitigation of the effects of mining on surface water and ground water and on adjoining or neighbouring lands; and restitution of land rights at the expiry or termination of a mineral right or after mine closure.

The application must be advertised in the gazette, news paper of nation wide circulation or other electronic media and copies of the accompanying map and plan displayed on notice boards in at the subcounty or parish headquarters of the area where the mining is to take place.

The applicant must also submit proof of acquisition of surface rights from the land owner or lawful occupants. The application is forwarded to the Mining Cadastre Department for review and recommendations and upon positive consideration, and within sixty days, a decision must be made. Where there is positive consideration of the application, a large scale mining licence is granted with terms and conditions and the applicant must give notice of acceptance of the licence and its terms and conditions before the licence takes effect. Grant of the licence must be published in the gazette, newspaper of nation wide circulation or other electronic or print media.

The licence must contain the date of grant and duration of the licence which must not exceed twenty one years or the estimated life of the mineral whichever is shorter, a description, map and plan of the area covered by the licence, terms and conditions upon which it is granted among others. The surface area covered by a large scale mining licence must be demarcated by the shape of the mineral body but must not exceed fifty square kilometres.

There are also restrictions on grant of a large scale mining licence, among them, a large scale mining licence cannot be granted over an area of land in, or which is, a mining area, an exploration area or a retention licence area unless the applicant is the holder of an exploration licence, a retention licence, an artisanal mining licence, a small scale mining licence or medium scale mining licence as the case may be, in respect of that area. Additionally, a large scale mining licence cannot be granted to an applicant unless he or she satisfies the Minister that the area of land over which the licence is sought is not in excess of the area reasonably required to carry out the applicant’s programme of proposed mining operations; and the programme of proposed mining operations takes proper account of the certificate of approval of environmental and social impact assessment issued by the National Environment Management Authority and health and safety factors; the feasibility study of the relevant mineral body indicates that the mineral deposit in question can be profitably mined; the applicant has adequate financial resources, technical competence and experience to carry on effective mining operations; the applicant’s proposals for the employment and training

of citizens of Uganda are adequate; the applicant’s proposals with respect to the procurement of goods and services obtainable within Uganda are adequate; the applicant demonstrates a willingness and an ability to comply with the terms and conditions applicable to the large scale mining licence; the applicant has secured the surface rights of the land; and the applicant is not in default.

The licence may contain a condition that the Minister may withdraw or cause to be relinquished portions of the licence area covering land that has been ear marked by Government for a public infrastructure project, at no cost to Government.

Renewal of the licence must be commenced fifteen months before expiration and this licence can only be renewed for a period not exceeding fifteen years.

An application for renewal of a large scale mining licence must contain the following requirements: state the period, not exceeding fifteen years or the life of the mineral ore body whichever is shorter, for which renewal is sought; be accompanied by a statement giving particulars of mining operations proposed to be carried out in the renewed period; demonstrate that the applicant has complied with the environmental performance requirements contained in the certificate of approval of environmental and social impact assessment and the compliance audit required under the National Environment Act, 2019; state any likely effects on the environment and proposed measures to be taken to mitigate such effects in accordance with the National Environment Act, 2019;  be accompanied by a statement giving details of the latest proved probable and possible mineral reserves in accordance with international classification and reporting of mineral resources and reserves; the capital investments to be made and the production costs and revenue forecasts in respect of the renewed period; any expected changes in the method of mining, processing, marketing and disposal of mineral products.

The holder of a large scale mining licence has the exclusive right to carry on exploration and mining operations in his or her mining area and may- take all reasonable measures on and under the surface of his or her mining area to mine and process the minerals to which his or her large scale mining licence relates; erect the necessary equipment, plant, machinery and buildings for the purpose of mining, dressing, treating, smelting and refining the minerals or storage of mineral products recovered by him or her during mining operations in accordance with the approved mine development plan; dispose of any mineral products recovered; and dispose of any mineral or waste product in accordance with the National Environment Act, 2019 and mining industry best practice.

The holder of a large scale mining licence has the following obligations he is subject to, among them; to commence production on or before the date specified in the approved programme of development and mining Operations; develop and mine the mineral deposits covered by the large scale mining licence; demarcate and keep demarcated his or her mining area; keep and maintain in Uganda an address which shall be registered with the Mining Cadastre, and to which all communications and notices shall be addressed; compensate for any surface rights for the area subject to a mineral right: pay the surface area fees for the whole area covered by the large scale mining licence in a sequence of three years for the duration of the large scale mining licence; submit and comply with the requirements of a certificate of approval of environmental and social impact assessment issued under the National Environment Act, 2019; obtain a financial guarantee in accordance with the National Environment Act, 2019; engage with the community including entering into community agreements specifying the terms and conditions for use and access to land; carry out rehabilitation work on all or part of the large scale mining licence area, in accordance with the decommissioning plan approved by the National Environment Management Authority; and have a land use agreement with the registered owner, customary owner, lawful occupant or bonafide occupant.

In addition to the above, the holder of a large scale mining licence has reporting obligations and is required to submit to the Minister on  monthly basis complete and accurate records of operations relating to his or her licence including- copies of all maps and geological reports, including interpretations, sample analyses, aerial photographs, core minerals, logs and tests and all other data obtained and compiled during mining activities; systematic financial statements and such other books of account , and where the holder is engaged in any activity not connected with his or her operations under the large scale mining licence, he or she shall maintain separate books of account of his or her operations under the large scale mining licence; and permit an authorised officer at any time to inspect the books and records maintained and deliver to the Minister, without charge, copies of any part of such books and records, upon request; and  within ninety days after the end of each financial year, furnish the Minister with a copy of his or her audited annual financial report, showing the profit or loss for the financial year and the state of financial affairs of the holder of the large scale mining licence for the year in question. Where a holder of a mineral right  in the course of excercising his mineral rights discovers any other mineral not subject to his licence, he must notify the minister within fourteen days and where he so wishes, apply to have mining rights in respect to such mineral added to his licence accordingly, and must not mine such mineral or permit third parties to access and mine such mineral without authorisation from the Minister.