Grant of Patent in Kenya
Patents are granted for inventions that are new, non-obvious and that can be used in any kind of industry.
1.0 Requirements for filing a Patent Application
The Process of Patenting begins with filing an application for a Patent through form IP3. The requirements in filing the application are:
- a request made through IP3;
- a description;
- one or more claims;
- one or more drawings (where necessary); and
- an abstract (See descriptions below)
1.1 The Request
The request contains the Title and the particulars of the Applicant and/or the inventor
The description discloses the invention and at least one mode for carrying out the invention in such full, clear, concise and exact terms as to enable any person having ordinary skills in the art to make use and to evaluate the invention.
The description includes:
- The title of the invention
- The technical field to which the invention relates;
- The background art which, as far as it is known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention; and
- An indication of how the invention is industrially applicable
The claim or claims define the features of the Patent for which protection is sought. It should be clear and concise and fully supported by the description. In defining the matter for which protection is sought, a claim should set out
- The technical features that are necessary to define the subject matter of the invention but that are part of the prior art; and
- The technical features that, in combination with the features referred to in paragraph (1) above , define that for which protection is sought.
If there are any drawings of the invention the same should be provided in the application. It is prudent to provide such drawings as they buttress the claims
1.5 Abstract (150 Words Maximum)
The abstract serves the purpose of technical information. It is not taken into account for the purpose of interpreting the scope of the protection sought. It includes the title of the invention and a summary of the disclosure included in the description. The summary indicates the technical field to which the invention relates and the principal use or uses of the invention.
The abstract is drafted in a way that it can be used efficiently for searching in the relevant technical field and so that it is possible for a reader to assess, from the abstract, whether the description should be consulted.
2.0 Process of Patenting
The steps for patenting are as follows:
2.1 Prepare the Patent Application
2.2 File the Patent Application
2.3 Formalities Examination
Here, KIPI will establish whether the Applicant has complied with all the requirements under the Law for filing an Application. If one has not fully complied with the requirements, they will be invited to make amendments to the Application. If the Application has complied fully with all requirements, it will proceed to substantive examination.
2.4 Amendment of Application
2.5 Advertisement of the Patent
The Patent can only be published in the KIPI Journal 18 month after the date of filing. This give notice to the whole world of the Application.
2.6 Substantive Examination
This will usually involve a determination of whether the Patent is new, non-obvious and whether it can be applied in the industry. The Application for Substantive examination should be done within 3 years of filing the Application.
2.7 Approval or rejection of Application
If the approval meets all the requirements, it will be granted. If it does not meet the requirements it is rejected. In case of rejection one may object the same.
2.8 Objection of Rejection
2.9 Examiner reconsiders and either approves and/or calls for further objections r rejects the application
2.10 If final decision is rejection one may Appeal
2.11 Grant of Patent
2.12 Publication of Grant
3.0 Cost involved in Patenting
|Application Fees||KES 3 000.00|
|Request for Amendment||KES 2 000.00|
|Publication of Patent||KES 3 000.00|
|Request for Substantive Examination||KES 5 000.00|
|Fee for Grant of Patent||KES 3 000.00|
|Miscellaneous||KES 3 000.00|
There are also annual fees paid every year for the 20 years in which the Patent is granted. The same range from KES 2 000.00 to KES 50 000.00.
As regards legal fee, The Advocates (Remuneration) (Amendment) Order 2009 sets the minimum fee to be charged for professional services rendered. In this case professional service fee is determined by the Remuneration Order, the amount of work and various complexities involved in the same.
Associate - Njoroge Regeru & Co. Advocates