– Industrial Property Act, 2001, as amended up to Act No. 18 of 2018 (Revised Edition 2020).
– Industrial Property Regulations, 2002 (Revised Edition 2020).
– Industrial Property Tribunal Rules, 2002 (Revised Edition 2020).

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 14, 1965.
– Convention Establishing the World Intellectual Property Organization (WIPO), since October 5, 1971.
– Lusaka Agreement on the Creation of the African Regional Intellectual Property Organization (ARIPO), since February 15, 1978.
– Harare Protocol on Patents and Industrial Designs, within the framework of the African Regional Intellectual Property Organization (ARIPO), since October 24, 1984.
– Patent Cooperation Treaty (PCT), since June 8, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.

Applicant: the inventor or any assignee. 

Protection for foreigners: the same as Kenyan nationals. 

Foreigners not living in the country: foreign applicants must be represented by an agent who is a citizen of Kenya admitted to practice before the Kenya Industrial Property Institute (KIPI). 

Naming of the inventor: where the applicant(s) is/are the sole inventor(s) or the joint inventor(s), a declaration to that effect should be given. If however this is not the case, a statement justifying applicant’s right to the grant of a patent must be furnished wherein the names of the inventors are given and the derivation of right by the applicant to be granted the patent is given. If an inventor wishes not to be named as such in the patent application, they should issue a special written declaration addressed to the Managing Director of KIPI, and any promise or undertaking made to any person to the effect that he will make such a declaration shall be void.

Patentability requirement: an invention is patentable if it is new, involves an inventive step and is industrially applicable.

Novelty: an invention is new if it is not anticipated by prior art, i.e. it has not been made available to the public anywhere in the world by means of written (including drawings and other illustrations) or oral disclosure, use, exhibition or other non-written means before the date of filing of the application, or the priority date. 

Novelty grace period: twelve months before the filing or priority date if the disclosure was by reason or in consequence of (a) acts committed by the applicant or his predecessor in title; or (b) an evident abuse committed by a third party in relation to the applicant or his predecessor in title.

Non-patentable: discoveries or findings that are products or processes of nature where mankind has not participated in their creation, scientific theories and mathematical methods; schemes, rules or methods for doing business, performing purely mental acts or playing games; methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced in relation thereto; mere presentation of information; plant varieties; inventions contrary to public order, morality, public health and safety, principles of humanity and environmental conservation; and public health related methods of use or uses of any molecule or other substance used for the prevention or treatment of any disease which the Cabinet Secretary responsible for health may designate as a serious health hazard or a life threatening disease.

Patent of addition: obtainable in respect of an improvement in or modification of the main patent.

Priority: can be claimed under the Paris Convention or the PCT. Right of priority must be claimed at the time of application. Certified copies of the priority document(s) have to be filed within three months of the filing date.

Filing requirements for an application:
1. Request for a patent stating the name and address of the applicant, inventor, agent (if any), and the title of the invention;
2. A statement justifying the applicant’s right to the grant of a patent where the applicant is not the inventor;
3. A provisional or complete patent specification, which shall specify the technical field to which the invention relates, indicate the background art, which can be regarded as useful for the understanding, searching and examination of the invention, disclose the invention and indicate how it is industrially applicable, together with relevant drawings and deposits in the case of microorganisms and self-replicable material, together with claims and an abstract indicating the title of the invention;
4. Power of attorney if the applicant’s ordinary residence is outside Kenya and the applicant is represented by an agent, simply signed;
5. Priority documents in English or translated, where necessary;
6. The prescribed application fee.

Note: there is no requirement for an agent for an applicant whose ordinary residence or principal place of business is in Kenya. However, for an applicant whose residence or place of business is outside Kenya, the applicant must be represented by an agent. 

Electronic filing: not available.

Electronic signatures: both wet and electronic signature are accepted. However, it must be valid advanced electronic signature i.e. an advanced electronic signature issued by a Certification Service Provider (CSP) who is duly licensed by the Communications Authority of Kenya.

For a change of name:
1. An official original document e.g. certificate of change of name issued by the Registrar of Companies, notarized;
2. Power of attorney, simply signed.

For a change of address:
1. Power of attorney, simply signed.

PCT applications: time limit for entering the national phase under both Chapters I and II: 30 months, and through ARIPO Chapters I and II: 31 months.

Examination: as to form and substance, but on request of the Managing Director of the Kenya Industrial Property Institute, searches and examination results relating to the same invention in foreign countries must be filed.

Objections of the Office: all objections from the Managing Director are communicated to the inventor in writing. The reason for the objection is given and the timelines within which to respond indicated.

Opposition: not possible before grant.

Protection: from date of filing. 

Unity of invention: application shall relate to one invention or to a group of inventions so linked as to form a single general inventive concept. 

Amendments and voluntary amendments: possible. Any document or drawing can be amended, provided the amendment does not go beyond the disclosure in initial application. The Managing Director may also request amendments. 

Publication of patent application: in the Kenya Industrial Property Journal as soon as possible after the expiration of eighteen months from the filing date or where a priority is claimed, the earliest priority date.

Granting: the patent is granted and registered in the Patent Register with the number of grant. 

Delivery of document: the Letters Patent is issued in paper format.

Duration: twenty years from the filing date of the application.

Annuities: payable from the eve of each anniversary date of filing the application. 

Annuities grace period: six months with a fine.

Validation of lapsed patents for non-payment of annual fees: possible. 

Assignment: must be in writing. 

Contractual licenses: possible and registrable; must be in writing.

Compulsory licenses: may be imposed any time after four years from date of filing of an application or three years from the grant of a patent, whichever period expires last. Once a patent is granted and there is no working of the patent in Kenya, anyone can apply for a compulsory license.

Surrenders: to be recorded. 

Invalidation proceedings: after the grant of a patent, invalidation proceedings can be lodged with the Industrial Property Tribunal at any time. Any appeal to the Industrial Property Tribunal’s decision lies with the High Court of Kenya. The effect is to declare the patent null and void from the date of grant of the term. 

Revocation: patent right is revoked if the owner was not entitled to apply for the grant of a patent in the first place; if the owner of the patent is infringing the rights of the person filing an application for revocation of the patent; it does not meet standards for patentability, the application contains a material misrepresentation, the invention is not useful, does not relate to an art or process capable of being applied in trade or industry, does not fully describe and ascertain the invention and the manner in which it is to be performed.

Infringement: remedies through Industrial Property Tribunal for injunction, compensation and damages in case of infringement.