For an invention to be granted a patent, it must meet standards of novelty, inventiveness, and industrial applicability. These criteria apply equally to adults and children.
Today’s children are proving to be remarkable innovators and inventors, thanks to early exposure to problem-solving activities, such as hands-on experiences and outdoor learning.
These activities not only foster creativity and academic growth but also instill a mindset geared toward inventing solutions to real-world challenges. By engaging in such activities, children can turn their ideas into tangible innovations.
Numerous young inventors have showcased their creativity and problem-solving abilities. For example, brothers Ayaan and Mika’il Naqvi developed the Ornament Anchor after noticing a recurring problem of Christmas tree ornaments falling. This invention, patented and commercially successful, has sold over 400,000 units.
In India, Hridayeshwar Singh Bhati, celebrated as the “Gem of Rajasthan,” is an inspiring example of how children can significantly contribute to innovation.
Despite being differently-abled, Bhati holds seven patents for inventions, including new versions of chess and advanced Sudoku puzzles. He is recognised as India’s youngest patent holder and the world’s youngest differently-abled patent holder.
Similarly, Austin Meggitt, at just 11 years old, invented the Glove and Battie Caddie, a device that helps children carry their baseball bats and gloves while biking. These stories illustrate how young minds can contribute meaningfully to technology and culture.
The process of patenting an invention is governed by strict criteria outlined in laws such as the Industrial Property Act in Kenya.
For an invention to be granted a patent, it must meet standards of novelty, inventiveness, and industrial applicability. These criteria apply equally to adults and children.
However, the question arises: can children legally hold patents? Under general child law, children in Kenya lack the capacity to own property or engage in commercial transactions independently.
While the Constitution recognises patents as a form of property, the Kenyan patent law does not explicitly address whether children can hold patents in their own right.
The Industrial Property Act defines an inventor as “a person who devises an invention,” including their legal representatives. This broad definition creates ambiguity regarding whether children can directly benefit from patent rights.
Given this uncertainty, it is advisable to structure ownership of patents by children through legal mechanisms such as guardianship or trust arrangements.
While child inventors worldwide, such as those highlighted above, have successfully patented their innovations, these cases often occur in jurisdictions with well-defined frameworks.
In Kenya, there is a need for clearer mechanisms to enable child inventors to secure their intellectual property rights. Without such provisions, child inventors may face challenges similar to those experienced by child performers, who also encounter limitations due to their legal capacity to act independently.
To nurture and protect the ingenuity of child inventors, policymakers should consider creating specific laws or guidelines to address the ownership and management of patents by minors.
This would ensure their innovations are recognised, protected, and effectively commercialised, fostering a culture of innovation among the younger generation.
