Patent Application in Kenya
A patent grant provides the inventor exclusive rights to the new process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention. Patent protection in Kenya is governed by the Industrial Property Act (Cap 506) of 2001 and the regulations promulgated under it. The Kenyan Industrial Property Institute (KIPI) is the government agency in charge of overseeing Kenya’s patent system. In order to obtain a patent in Kenya, an application must be filed with KIPI, which must include a specification, claims, and abstract that fully and specifically describe the invention.
In addition, the application must meet the requirements for novelty, inventive step, and industrial application. The examination process typically takes 2-3 years from the date of filing, and if the application is found to be in order, a patent will be granted for a term of 20 years from the date of filing.
In Kenya, the registration process entails patent search, patent application, formal examination, publication, substantive examination and grant. Foreign applications must be done through an agent of Kenya Industrial Property Institute (KIPI).
Our Patent Services
Search
We conduct Patent search to find out whether your invention meets the Criteria of novelty (newness). In advance, we also study the patent to gauge its patentability and advise you accordingly.
Application
After search and study, we file application for protection of the invention. We advise our clients on the required documents, file the application and monitor processing of the application and keep them posted on the progress.
Watch/Surveillance
Whose responsibility is it to detect and enforce your IP rights in your trademark. YOU! And we do it for you.
Renewal
Patents are renewable every year (annuity) until the the end of validity of the patent (20 years). Missing the renewal deadlines may cost you in terms of penalty and restoration charges.
Transaction Support
Our Patent transaction support services include negotiation, documentation (e.g. license agreements) and and filing of the necessary documents.
Dispute Resolution
Arbitration and mediation are often better mechanisms of IP dispute resolution because they are faster, confidential and cheaper. Often the parties have autonomy over the process and applicable law and rules.
I know what I want!
Download Patent Services instruction form here. Fill the form, attach the required documents and send it to team@thinklyip.com. Within 48 hours, we will send you a FREE quotation and guidance on how to proceed with the service.
Patent Registration Process in Kenya
A Patent search is conducted to find out whether an invention meets the Criteria of novelty (newness) and to find out whether there are documents that can be used to challenge the validity of the patent, once granted.
After a search, the Application is filed. Upon receipt of the application, it is accorded a filing date if it contains the name of the applicant, description, and claims. The documents required during filing include:
i. a request for grant of a patent;
ii. a description of the invention;
iii. one or more claims;
iv. one or more drawings of the invention (where necessary);
v. an abstract;
vi. appointment of an agent form; and
vii. Payment of the requisite fees
A formal examination is carried out to check whether the application meets the set requirements. If there are any defects, the applicant is invited to correct the defects. The Applicant will have 60 days to comply. If he/she does not comply, the application is rejected.
After the expiration of 18 months from the filing date, the application for grant of patent is published in the Kenya Gazette or Industrial Property journal.
If the application for a patent satisfies the formal requirements, the applicant is notified and is required to submit, within 3 years from the filing date of the application, a request for substantive examination of the application. Where no request is made within the 3 years, the application is deemed to be abandoned.
After substantive examination, unless an application is rejected, a patent is granted and the applicant is issued with a certificate of grant of a patent. A patent is granted for a period of 20 years from the filing date.
The patentee must pay annual maintenance fees to KIPI to keep the patent in force. The patent can also be renewed for successive periods of 20 years. The maintenance and renewal process takes about 1-2 months.
