Patents are the legal recognition given to new, innovative, and technical inventions.

The criteria for obtaining a patent in Kenya are that the invention must be new, incorporate an inventive step, be capable of industrial application, and not fall into one of the excluded categories.

The decision to embark on patenting to protect your product needs careful consideration. At Clay & Associates Advocates, we can guide you as to whether patenting is the right decision for your business in the context of all other options available, and we can work with specialist patent attorneys to get your application underway.

In Kenya, patents are registered through the Kenya Industrial Property Institute (KIPI), which is the government agency responsible for intellectual property matters similar to the United States Patent and Trademark Office. The process of registering a patent in Kenya generally involves the following steps:

1. Patent Search: Before proceeding with the registration, it is advisable to conduct a thorough search to ensure that your invention is novel and not already patented or disclosed in Kenya. This step helps assess the patentability of your invention and avoids potential conflicts with existing patents.

2. Preparation of Patent Application: Once you have determined the novelty of your invention, you need to prepare a patent application. The application should include a detailed description of the invention, claims defining the scope of protection sought, any necessary drawings or diagrams, and an abstract summarizing the invention.

3. Filing the Application: Submit the completed patent application to the Kenya Industrial Property Institute. The application should include the necessary forms, payment of the prescribed fees, and all required documents.

4. Formal Examination: Upon receiving the application, KIPI will conduct a formal examination to ensure that all required documents are in order and that the application meets the formal requirements.

5. Substantive Examination: After the formal examination, KIPI will conduct a substantive examination to assess the patentability of the invention. This examination determines if the invention meets the requirements of novelty, inventive step, industrial applicability, and other criteria.

6. Grant of Patent: If the patent application is deemed to meet all the requirements, KIPI will grant the patent and issue a patent certificate. The patent is then published in the Kenya Industrial Property Journal.

It’s worth noting that the registration process may involve additional steps, such as responding to any objections raised during the examination or attending hearings if necessary. The duration of the patent registration process can vary, but it generally takes a few years to complete.

It is advisable to consult with a qualified intellectual property attorney or agent who specializes in Kenyan patent law to guide you through the registration process and ensure compliance with all requirements and procedures.

Registering patents in Kenya can take six months, while African Regional Intellectual Property Organization (ARIPO) applications, which cover the 22 Member States, can take six months.

The requirements for obtaining a patent vary depending on the jurisdiction, but generally, the following five requirements are common:

1. Novelty: An invention must be new and not publicly disclosed before the filing date of the patent application. It should be different from any existing knowledge or prior art.

2. Inventive Step/Non-obviousness: The invention must involve an inventive step or non-obviousness, meaning it should not be an obvious or predictable development from existing knowledge or prior art for a skilled person in the relevant field.

3. Industrial Applicability: The invention must have industrial applicability, meaning it should be capable of being made or used in some kind of industry or business activity.

4. Patentable Subject Matter: The invention should fall into one of the categories of patentable subject matter, which typically include processes, machines, manufactures, compositions of matter, or improvements thereof. Laws regarding patentable subject matter may vary across jurisdictions.

5. Sufficient Disclosure: The patent application must provide a clear and complete disclosure of the invention, enabling a person skilled in the relevant field to reproduce and practice the invention based on the information provided in the application. Sufficient disclosure includes a detailed description of the invention and, in many jurisdictions, claims that define the scope of the protection sought.

It’s important to note that the requirements for obtaining a patent can be complex and vary from country to country. It is advisable to consult with a qualified patent attorney or patent agent who can provide guidance specific to your situation and jurisdiction.