Patents

 International Arrangements: 

  • Paris Union (from 14 June 1965)
  • WIPO (from 5 June 1971)
  • ARIPO (from 24 October 1984)
  • PCT (from 8 June 1994)

Types of Patents Available:

  • Patents of Invention
  • National Phase PCT application
  • ARIPO application
  • ARIPO Regional Phase PCT application

Novelty Requirement:

Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence:

  • of acts committed by the applicant or his predecessor in title, or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title.

Patentability:

Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However, products for use in any such methods may be patented.

Filing Requirements:

National Phase PCT Application:

  • Power of Attorney (simply signed) (can be late filed, no set deadline)
  • Specification, claims and abstract in English (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Relevant class(es) of the International Patent Classification (can be late filed, no set deadline)
  • Copy of Published International Application (required on the day of filing)
  • Copy of International Search Report (can be late filed, no set deadline)
  • Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (Non-PCT):

  • Power of Attorney (simply signed) (can be late filed, no set deadline)
  • Specification, claims and abstract in English (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • International Patent Classification (can be late filed, no set deadline)
  • Assignment of Invention (can be late filed, no set deadline)
  • Priority document with verified English translation (can be late filed within three months)

ARIPO application in which Kenya is designated:

Please see aripo

ARIPO Regional Phase PCT application:

Please see aripo

Grant:

The term of a patent is twenty years from the filing date.

Renewal:

Renewal fees fall due annually commencing on the first anniversary of the filing date. However for national phase applications the first renewal fee falls due on the next anniversary of the international filing date.

Printable Version

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