Patent

Kenya

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
An invention is patentable if it is new, involves an inventive step, is industrially applicable or is a new use.
Inventions not Patentable
15d7222c4083561567761092@_Worksheet_in_Kenya_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
Yes
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
30 Months
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
10 Pages
Basic Number of Claims
10 Claims
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
English
Translation required
Yes
Due date to file the translation
14 Days
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Notarized
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
Notarized
Home / Foreign Registration Certificate, with required translation
Notarized
International Search Report (ISR), in case of PCT
Yes
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
Notarized
Declaration of Nationality
Notarized
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
14 Days
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
14 Days
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
3 Months
Deadline to File the Reply
3 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
2 Months
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
2 Months from Issuance of Acceptance Notice
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
3 Months

OPPOSITION

Applicability of Opposition
Yes