Patents Kenya FAQs

What is a patent?

 A patent is a legal right granted by the Kenyan government that allows an inventor to exclude others from making, using, or selling their invention for a limited period of time.

 

Who may own a patent?

1. Natural Persons- Any individual, whether a citizen or alien, can own a patent. Joint ownership is possible, where co-owners each have an undivided share in the patent.
2. Corporate Entities- Companies, research institutions, universities, and other organizations can own patents.
3. Research Institutions and Universities- These entities often own patents resulting from research activities. 
4. Governments and Organizations- They can hold patents either through commissioning research, assignment, or compulsory acquisition.
5. Employers- In some cases, employers own patents on inventions made by their employees during the course of their employment, especially if it’s within the scope of their job responsibilities or specified in their employment contract.
6. Assignees- Individuals or entities can also acquire patents through assignment, either during the research and development process, during the patent application, or after obtaining the patent. Additionally, all contracts of assignment must be in writing and duly executed to be legally valid.
7. In some cases, such as in Kenya, inventions made by scientists in research institutes are patented in favour of the institute rather than the individual inventor.

 

Who may grant a patent?

Patents are typically granted by patent offices, which are governmental or state entities responsible for overseeing the patent application process and issuing patents. 

 

How do I know if my invention is patentable?

Only inventions are patentable. 

An invention is patentable in Kenya if it is new, involves an inventive step, and is industrially applicable.

 

What is the process for obtaining a patent in Kenya?

The process involves filing a patent application with the Kenya Industrial Property Institute (KIPI), which includes a detailed description of the invention, claims, and any relevant drawings.

The process of patent registration in Kenya involves several steps, including the submission of a patent application, examination by the patent office, possible amendments, and finally, the issuance of a patent. 

 

How long does it take to get a patent in Kenya?

The process can take anywhere from 2 to 5 years, depending on the complexity of the invention and the backlog at KIPI.

 

What are the costs associated with filing a patent in Kenya?

Costs include official fees for filing, examination, and grant, as well as attorney fees for preparing and prosecuting the patent application.

 

Do I need a lawyer to file a patent in Kenya?

While not mandatory, it is highly recommended to use a lawyer to navigate the complex patent process and ensure proper protection of your invention.

 

Can I patent my invention internationally through a single application from Kenya?

Yes, through the Patent Cooperation Treaty (PCT), you can file an international application that designates multiple countries, including Kenya.

 

What kind of documentation do I need to provide for a patent application?

You’ll need a written specification of the invention, claims defining the scope of protection, any necessary drawings, and an abstract.

 

How long does a patent last in Kenya?

A patent in Kenya lasts for 20 years from the filing date, subject to the payment of annual renewal fees.

 

Can I sell or license my patent to others?

 Yes, you can transfer patent rights through assignment or licensing agreements.

 

What happens if someone infringes on my patent in Kenya?

You can enforce your patent rights through legal action, seeking remedies such as injunctions and damages.

 

How do I maintain my patent rights in Kenya?

 You must pay annual maintenance fees to keep your patent in force.

 

Can a patent be invalidated or challenged in Kenya?

Yes, patents can be challenged on various grounds, including lack of novelty or inventive step, and can be revoked if successfully contested.

 

What is the difference between a patent and a utility model in Kenya?

A utility model provides protection for inventions with a shorter commercial life and requires a lower level of inventive step. It lasts for 10 years.

 

Are there any government grants or support for patent applicants in Kenya?

The government occasionally offers support through various initiatives; our firm will, upon request, advise on current opportunities.

 

What should I do if I want to patent the same invention in multiple countries?

Consider filing a PCT application or directly filing in each country of interest. We can assist with both strategies.

 

How can I ensure that my patent application remains confidential until published?

The application will automatically be kept confidential until it is published 18 months after the filing date.

 

What are the implications of publicly disclosing my invention before filing a patent application?

Public disclosure before filing may jeopardize the novelty of your invention, potentially making it unpatentable.

 

Can software or mobile applications be patented in Kenya?

Software and mobile applications may be patented if they meet the criteria of novelty, inventive step, and industrial applicability.

 

What are the consequences of not patenting my invention?

Without a patent, you may not have exclusive rights to your invention, potentially allowing others to exploit it commercially.