A patent gives an inventor the exclusive right to use, make, sell, or license their invention for a defined period. In Kenya, patents are governed by the Industrial Property Act No. 3 of 2001 and administered by the Kenya Industrial Property Institute (KIPI). Patent protection is territorial: a Kenyan patent protects the invention in Kenya only.
What Can Be Patented?
To be patentable, an invention must be new (not previously disclosed anywhere in the world), involve an inventive step (not obvious to a person skilled in the relevant technical field), and be industrially applicable. Excluded from patentability are discoveries, scientific theories, mathematical methods, schemes for performing mental acts, diagnostic methods for human diseases, plant or animal varieties, and inventions contrary to public order or morality.
The Registration Process at KIPI
Conduct a prior art search before filing to determine whether your invention is truly new. KIPI has access to patent databases for this purpose. Filing an application that conflicts with existing prior art wastes time and money and may compromise your IP strategy.
Prepare a patent specification comprising a description of the invention, one or more claims defining the scope of protection sought, and drawings if necessary. The claims are the most legally significant part of the specification. They determine what is and is not protected. Poorly drafted claims either fail to protect the commercially valuable aspects or are too broad to be granted.
File at KIPI with prescribed forms and fees. After formal and substantive examination, a patent is granted if all requirements are satisfied. A Kenyan patent is valid for twenty years from the filing date, subject to payment of annual renewal fees.
International Protection: PCT and ARIPO
A Kenyan patent protects only in Kenya. For broader protection, consider the Patent Cooperation Treaty (PCT), which allows a single international application designating multiple countries. ARIPO provides patent protection across multiple African member states through a single application. Kenya is a member of both.
Utility Models
Utility model certificates protect minor innovations with a lower inventive step requirement. The protection period is ten years. Utility models are well-suited to incremental improvements to existing products, and the examination is less rigorous.
Need help protecting an invention in Kenya? Contact Clay & Associates Advocates for a consultation. Book a Consultation
