Kenya 

Paths to protection

Ways to protect your invention

Patents are a way of protecting your inventions. By filing a successful patent you will be awarded a monopoly to exploit your invention for a period of time.

National Patents are the most effective way of defending your invention if you only require protection in a single jurisdiction. If this is not enough for your needs, this country has signed international agreements on patents, which facilitate their internationalization:

ARIPO

Allows for a single patent application to be effective across its designated members states

PCT (Patent Cooperation Treaty)

The PCT system allows simplified international patent applications which in turn eases national filings.

Additional Information

Discuss your Intellectual Property Protection strategy with us

If you need to protect your Intellectual Property abroad, through our Global Network of offices and associates, we can make your Intellectual Property assets expand to every nation you desire, ensuring full legal protection of your rights.

If you have further questions, we would be delighted to schedule a conference call and answer any questions you may have.

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Kenya

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Available

Body responsible for non-use cancellations

IP Office

Time until registration

3 years

Opposition Period

Special Case

Contact us for more info.

Use Requirement Period

4 years

National Filing Requirements

  •  Power of attorney, simply signed.
  •  Applicant data.
  •  Patent title, abstract, description, claims and drawings.
  •  Power of attorney, simply signed.
  •  Power of attorney, simply signed.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Deed of assignment, simply signed, with verified English translation.
  •  Power of attorney, simply signed.
  •  Certificate of change of name, with verified English translation.
  •  Power of attorney, simply signed.
  •  Certificate of change of address, with verified English translation.
  •  Power of Attorney, simply signed by the licensor and legalized by the licensee.
  •  License agreement, with verified English translation.

PCT Filing

  •  Power of attorney, simply signed.
  •  Applicant data.
  •  Patent title, abstract, description, claims and drawings.
  •  International search report.
  •  Power of attorney, simply signed.
  •  Power of attorney, simply signed.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Power of attorney, simply signed.
  •  Certificate of change of name.
  •  Power of attorney, simply signed.
  •  Certificate of change of address.
  •  Power of attorney from the licensor and licensee, simply signed.
  •  License agreement.

Latest news

ANNOUNCEMENT

Kenya introduces Customs Recordal Application to fight counterfeiting

Kenya has given a major step concerning anti-counterfeiting by approving a Customs Recordal Application system. This procedure will be made possible by an amendment to the Kenyan Anti-Counterfeiting Act No. 13 of 2008.   Inspired by the South African Counterfeit Goods Act 37 of 1997, the Kenyan Anti-Counterfeiting Act 2008, empowers the authorities to act in several scenarios, including the possibility to enter premises, seize counterfeit goods and arrest suspects. It also gives the chance for Intellectual Property asset owners to request the authorities to seize suspected counterfeit goods. When in place, the approved amendment will allow a more effective action from the Kenyan Anti-Counterfeit Agency stopping counterfeit goods into the country.   Furthermore, the Customs Recordal Application procedures include a wide range of requirements, such as: The applicants detailed information Indication of the products manufacture country Clear identification of the trademarked goods – by sample or clear photographic presentation Certified copy of the trademark registration certificate Fee’s payment   These are only some details of the procedure that is very complex and expensive. Once completed it concedes protection for a year period, starting on the application date and with the renewal possibility.   More details will be made available soon, as well as the date the new framework will be in force.

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