Patents Laws in Kenya
Here’s an overview of Patent Laws in Kenya:
🔹 Key Legislation
The Industrial Property Act, 2001 (Revised 2021)
Administered by the Kenya Industrial Property Institute (KIPI)
Kenya is a member of various international IP treaties through WIPO.
🔹 Types of Patents in Kenya
Standard Patent (Invention Patent)
Protection term: 20 years from the filing date.
Utility Model Certificate (Short-term Patent)
Protection term: 10 years, non-renewable.
🔹 Patentability Criteria
To be granted a patent, the invention must be:
New: Not part of the existing state of the art.
Involve an inventive step: Not obvious to someone skilled in the field.
Industrial applicability: Capable of being made or used in an industry.
🔹 Non-Patentable Inventions
Discoveries, scientific theories, and mathematical methods.
Plant and animal varieties or essentially biological processes.
Methods of medical treatment or diagnosis.
Computer programs as such.
Inventions contrary to public order or morality.
🔹 Application Process
File a patent application at KIPI.
Application must include: request, description, claims, abstract, and drawings.
The patent office conducts formal examination and substantive examination (for novelty, inventive step, etc.).
The application is published 18 months after filing.
Oppositions can be filed by third parties after publication.
🔹 International Treaties Kenya Is Party To
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT) – allows filing international patent applications.
World Trade Organization (WTO) and TRIPS Agreement compliance.
Part of the African Regional Intellectual Property Organization (ARIPO), which allows regional patent protection.
🔹 Patent Enforcement
Patent holders can enforce rights through civil courts.
Remedies include injunctions, damages, and account of profits.
Criminal sanctions exist for willful infringement.
🔹 Maintenance Fees and Renewal
Annual renewal fees are payable to maintain patent validity.
Failure to pay results in lapse of the patent rights.
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