Developing a new solution or refining an existing idea is never easy. Without proper guidance, however, your hard work—your intellectual property—can easily be misused by others who may not appreciate your dedication to creating it.
Mechanisms, such as patents, exist to safeguard innovative solutions that qualify as inventions. This legal protection, available in many countries, including Kenya, allows you, as an inventor, to prevent public misuse of your creation.
Yet, for many inventors, understanding and navigating how to register a patent in Kenya remains a significant challenge.
This article provides a comprehensive guide to patent registration in Kenya, insights into key components of a patent application, and FAQs about patent registration in Kenya.
Key takeaways
- Patents safeguard your intellectual property by granting exclusive rights to your invention, preventing unauthorized use, and enhancing its market value.
- To be patentable in Kenya, your invention must meet the criteria of novelty, inventive step (non-obviousness), industrial applicability, and non-exclusion under Kenyan law.
- Inventors can profit from their patents through licensing, selling, or forming strategic partnerships while retaining the right to control the use of their inventions.
- Annual renewal fees must be paid to maintain patent validity. Failure to do so results in the patent's lapsing, making the invention publicly accessible.
Understanding Patents in Kenya
A patent is a legal right that gives you, as an inventor, exclusive control over your invention in the field of technology for a limited period. By patenting your invention, you prevent the public from making, using, distributing, or selling it without your permission.
The patenting process can take up to two years or more, depending on the complexity of your invention and the procedures followed by the issuing authority.
In Kenya, patents are granted by the government through the Kenya Industrial Property Institute (KIPI) and governed by the Industrial Property Act, CAP 509.
An invention is a new, useful idea, product, or process. It can either be completely original or significantly improve an existing concept. However, not all inventions qualify for patents. To be eligible, your invention must meet certain criteria set by the issuing authority.
Written by Omoruyi Edoigiawerie, a seasoned startup attorney with over a decade of experience. Learn more.
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Understanding these requirements is key to successfully registering a patent in Kenya.
Eligibility criteria for patent registration in Kenya
For patent protection in Kenya, your invention should meet the following criteria:
1. Novelty: Your invention must be new and should not have been disclosed to the public before your application date.
2. Inventive step (non-obviousness): It must show a unique and inventive quality not obvious to a professional skilled in the field.
3. Industrial applicability: Your invention must have practical and industrial use.
4. Non-exclusion: It must not fall into categories excluded from patent protection under Kenyan law.
Certain types of inventions are not considered patentable in Kenya, including:
- Aesthetic creations like art and literature.
- Discoveries, scientific theories, and mathematical methods.
- Schemes, rules, or methods for doing business or performing purely mental acts.
- Methods for treating the human or animal body, including diagnostic methods.
- Mere presentations of information.
- Public health-related processes.
- Non-functional design details such as shapes, patterns, or ornamentation.
- Plant varieties.
Be cautious about publicly disclosing your invention before filing a patent application. Such disclosure may compromise the novelty of your invention, rendering it unpatentable. However, disclosures made within 12 months before the priority date are disregarded.
Why register a patent in Kenya?
A patent can serve as a tool for market protection. It acts as a barrier, preventing others from using your invention without permission and safeguarding your revenue stream from unauthorized exploitation.
A patent secures your innovation and enhances its appeal to potential customers and investors, increasing its marketability and commercial potential.
You can generate income from your invention by licensing it or forming strategic partnerships. License agreements allow you to earn royalties. When a company patents its innovations, it can increase its valuation and brand reputation. You establish a competitive edge and demonstrate innovation and expertise, contributing to your credibility in the market.
If you choose to set up your own business, you retain full control over your invention but also take on all the associated risks. On the other hand, licenses allow you to grant companies or individuals the right to manufacture and sell your invention in exchange for royalties. This license can apply nationally or be limited to specific geographic regions. However, if you have not obtained protection in a particular country, your invention may be used freely there, even if you hold protection elsewhere.
Selling your patent provides an alternative. By transferring all rights as the inventor, you can receive payment without worrying about the product’s commercial success.
Beyond individual benefits, patents encourage national innovation and entrepreneurship, contributing to economic growth and ensuring compliance with international treaties.
Who can own a patent?
- Individuals
- Corporate Entities
- Research Institutions and Universities
- Governments and Organizations
- Employers and employees
Requirements for patent registration in Kenya
Documents needed for patent application
1. Front page: The front page of your patent application should include the following:
- Title of the invention
- Inventor or patent applicant information
- Assignee: State whether the patent is owned by you, another individual, or a business entity at the time of filing. Include a power of attorney if you are filing through an agent.
- Filing date: Record the official date you submit your application to the patent office. This date establishes the priority of your invention.
- Abstract: Summarise your invention, highlighting its benefits and any information useful for patent examiners or investors.
2. Drawings: Provide visual representations to illustrate complex concepts or mechanisms of your invention. Ensure your drawings are clearly labeled and referenced to enhance understanding.
3. Specification: In this section, you describe your invention in detail. Include information about how it works, what it does, and how it is made so that someone skilled in the field can replicate it.
4. Claims: Your claims define exactly what your patent covers and doesn’t, setting the scope of your legal protection.
Additional requirements may include:
- Supporting evidence, such as prior search results
- prototypes or samples (if required).
- Payment of filing fees and a completed patent application form.
Step-by-step process of registering a patent in Kenya
To register a patent in Kenya, you have to apply to the Kenya Industrial Property Institute (KIPI).
Here’s a step-by-step guide:
Pre-filing preparations
Before you file, conduct a patent search at KIPI or through online databases. This helps you identify similar patents, confirm the novelty of your invention, and reduce the risk of rejection.
Prepare your documents
Ensure you have all the required documents to register a patent in Kenya.
Filing the patent application
Complete and submit the relevant application form such as:
- Form IP 3 for patents
- Form IP 4 for utility models
Submit the form with the required documents and fees, either in person at KIPI or electronically through their online platform.
You file a Patent Cooperation Treaty (PCT) if you require international protection. A Kenyan patent only covers your invention within Kenya. To protect it in other countries, you will need to file for patents in those jurisdictions. However, entry must be made within 30 months of the earliest filing or priority date and include all necessary documents.
Pay the application fees
The fees usually vary depending on the type of patent, either a standard patent or utility model, and include:
- Request fees
- Application fees
- Fees for additional or excess claims
- Professional fees
- Publication fees
- Substantive examinations fees
- Patent grants fees
Examination of your application
Your application will undergo two examinations:
KIPI checks for compliance with formal requirements. If they identify deficiencies, they’ll issue a report, giving you 90 days (extendable by another 90 days) to address the issues. Also, substantive examination checks for novelty, inventive steps, and industrial applicability. You need to specifically request this examination, as it is not automatic.
Publication of the application
Once your application passes the examinations, KIPI publishes it. This step informs the public about your invention and indicates that it is nearing approval.
Granting of the patent
If your application is successful, KIPI will grant the patent and issue a Certificate of Grant. A standard patent remains valid for 20 years from the filing date, unlike utility models, which are valid for up to 10 years.
If multiple inventors independently create the same invention, patent rights go to the first person to file.
Summary: step-by-step guide to registering a patent in Kenya
- Find a patent agent.
- Conduct a preliminary patent search.
- Collaborate with your agent to prepare your application.
- File the application.
- Request an examination.
- Wait for the examiner to search for prior patents and assess your claims.
- Respond to any objections or requirements from the examiner.
- If necessary, make further amendments.
- Appeal if your application is rejected.
- If approved, receive your patent grant.
Cost and timeline for patent registration in Kenya
When registering a patent in Kenya, you must account for several fees that arise at different stages of the application process. These include filing, search, examination, annual maintenance, and renewal fees.
To file a patent application, process it, and secure the grant of a patent, you are required to pay specific fees. If your patent was granted after 2nd February 1990, you must pay annual renewal fees beginning before the first anniversary of the issue date. Failure to pay these fees will result in your application being abandoned or your patent lapsing.
The Kenya Industrial Property Institute (KIPI) provides a detailed breakdown of the applicable fees.
Types of patents available in Kenya
In Kenya, you can choose between two main types of patent protection:
1. Standard patents: Standard patents are for inventions that meet strict criteria. These patents are valid for up to 20 years from the filing date, provided you pay the annual renewal fees within the grace period.
2. Utility models: Utility models are valid for up to 10 years and protect inventions that may not meet the stringent inventiveness requirements of standard patents but are still new and industrially applicable.
Additional tips for a successful patent application
Registering a patent in Kenya is a process that demands careful preparation and adherence to legal requirements. You should consider consulting a patent lawyer to increase your chance of success. While not mandatory, professional guidance can provide you with the help you need to go through the complex patent process.
To retain your patent rights, you must pay annual maintenance fees. A six-month grace period is available for late payments, though a surcharge will apply.
Annual maintenance fees serve as a way for patent holders to assess the economic value of their patents. Paying these fees ensures the continued protection of your patent. Conversely, if a patent is no longer useful, you can choose to stop paying the fees, allowing the patent to be accessible to the public. Failure to pay will result in your patent lapsing.
If someone infringes on your patent in Kenya, you can enforce your rights through legal action. Actions include injunctions to stop the infringement and claims for damages.
Be aware that patents can be challenged or invalidated on grounds such as lack of novelty or inventive step and could be revoked.
After your patent is granted, you can make amendments to correct errors or adjust claims. These changes require approval from the Kenya Industrial Property Institute (KIPI) and payment of an amendment fee.
FAQs about patenting in Kenya
How can I patent an idea in Kenya?
In Kenya, you cannot patent just an idea. You need to provide a detailed description of your invention, including how it works and its practical application. The invention must follow the eligibility criteria.
How do I apply for a patent in Kenya?
Here are key steps to follow:
- Prepare a detailed description of your invention
- Submit your patent application to KIPI
- Pay the required application fees.
- Your application will undergo an examination to determine whether your invention is novel and meets the patent criteria.
How do I patent a name in Kenya?
Names cannot be patented in Kenya. However, if you want to protect the name of your product or business, you can trademark it.
How much does a patent cost in Kenya?
The cost of registering a patent in Kenya varies depending on the type of application and its complexity. It is best to contact KIPI or a patent attorney for specific cost estimates.
How long does it take to get a patent in Kenya?
The process of obtaining a patent in Kenya ranges between 18 months and 3 years, depending on the complexities of the application process and whether there are any objections or issues with the application.
How can I become a patent agent in Kenya?
To become a patent agent in Kenya typically involves:
- Completing the required qualifications,
- Passing the patent agent examination administered by KIPI.
- Registering with KIPI as an official patent agent.
How long does a patent last in Kenya?
Your patent in Kenya lasts 20 years from the filing date as long as you pay the annual renewal fees.
Can you sell or license your patent to others?
Yes, you can sell or license your patent through assignment or licensing agreements.
What is the difference between a patent and a utility model in Kenya?
Compared to a patent, a utility model requires less inventiveness and lasts 10 years. On average, in Kenya, it takes up to 19 months to secure a utility model.
What is the difference between a patent, a trademark, and a copyright?
A patent allows you exclusive property rights over your invention for a specified period. A trademark legally protects the branding—such as the name, logo, or slogan—that builds the reputation of your product or service. Copyright, however, protects original works of authorship, such as books, music, or artwork.
Conclusion
How to register a patent in Kenya involves several key steps to ensure your invention is legally protected. Once you have confirmed eligibility, the next step is to prepare a detailed application and submit it to the Kenya Industrial Property Institute (KIPI). If successful, you will be granted a patent, giving you exclusive rights to your invention for a specified period.
By following the steps and tips provided in this article, you can secure intellectual property protection for your invention and safeguard your rights in Kenya.
