Kenya Patents

Kenya patents have a duration of 20 years from date of filing. Kenya is a member of PCT and the Paris Convention.  Kenya Patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on Patents for ARIPO is the Harare Protocol, which authorises ARIPO to register Patents on behalf of Harare Protocol Contracting States. 

Types of Patents:

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

Novelty:

Absolute novelty required. 

Patentability:  

Methods of medical diagnosis, treatment or surgery are not patentable.

Examination:

Substantive examination.

Patent Duration / Renewals:

The patent has a duration of 20 years from date of filing. Annual renewal fees are payable every year from the first anniversary of the filing date (in advance)

Patent Filing Requirements

Non-PCT applications:

• Simply signed Power of Attorney (can be late filed)
• Specification, claims, drawings and abstract with English translation (required upon filing)
• International patent classification (can be late filed)
• Deed of assignment (can be late filed)
• Certified copy of the priority document (if applicable) with verified English translation (can be late filed)

PCT applications:

• Simply signed Power of Attorney (can be late filed)
• Specification, claims, drawings and abstract with English translation (required upon filing)
• Deed of assignment (can be late filed)
• Relevant class of the International patent classification (can be late filed)
• Published International application (required upon filing)
• International Search Report and International Preliminary Report on Patentability (can be late filed)

ARIPO application where Kenya is designated or ARIPO Regional Phase PCT application.

International and Regional Systems

ARIPO

ARIPO is an organisation that facilitates registration and administration of Intellectual Property rights for various African countries. ARIPO is mandated to register marks and the administration of such registered marks on behalf of the Banjul Protocol Contracting States.An applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.

PCT

Kenya is a signatory of the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. A PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states.

Paris Convention

Kenya is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trademarks and industrial designs to name a few.