Our expertise includes Patent portfolio management; Patent registration, Patent assignment, transfer and transactional issues for Patents rights. Muthoni Advocates are registered Patent agents with the Kenya Industrial Property Institute.

 

Filing a Patent in Kenya

The Kenya Industrial Property Institute (KIPI) is responsible for examining and granting patents in Kenya. A Kenyan citizen can submit a patent application to KIPI on their own, but foreign persons or entities can only do so through a registered Patent Agent.

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The Industrial Property Act 2001 governs the grant and regulation of Patents, Utility Models, Technovations [1], and Industrial Designs. The Industrial Property Act gives KIPI the power to grant  Patents,  Utility model or Technovation certificates and  Industrial Design registrations.

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Filing formalities

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1.           An applications for a grant of patent with the applicants name and address 

2.           Specifications including a claim or claims in triplicate

3.           Plans, designs and drawings if applicable, in triplicate

4.           A declaration by the true owner of the invention 

5.           A signed Power of Attorney  

6.           An address for service in Kenya if the applicant's address is outside the country

 

A Kenyan Patent expires at the end of twenty (20) years from the filing date of the application. However, an               annual fee is paid to maintain the application or patent.

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Kenyan Patent applications are locally examined and undergo substantive examination

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Filing a Patent through ARIPO

ARIPO is a regional intellectual property organisation that was created as a result of a diplomatic conference held in Zambia in 1976. At a further meeting in Zimbabwe in 1982, the Harare Protocol was adopted in terms of which ARIPO is empowered to grant patents and register industrial designs on behalf of its contracting states. Muthoni Advocates is able to file Patent applications through ARIPO in Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe,Sào Tomé & Principe (for PCT national phase applications, it can only be designated if the international application was filed after 18 August 2014), Somalia is also a member of ARIPO but cannot be designated at this time.

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Patent Corporation Treaty (PCT)

Kenya is a member of the International Convention and of the Patent Corporation Treaty (PCT) as well as the 

Paris Convention and TRIPS Agreement 

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Please contact us for the list of required information, the registration process, patent forms and our competitive fees.