How to register patent in Kenya

Kenya is emerging as an innovation hub in Africa, with many potential areas for invention development. Kenya is a pioneer in mobile payments with M-Pesa, a system that has changed the way people access financial services. This success has created a thriving technology ecosystem, with many innovative opportunities in the field of fintech, e-wallets, digital payments, and other mobile technology-based financial services. Kenya is an agricultural country, and the adoption of technology in agriculture is increasing. Innovative solutions in this area include mobile applications that help farmers access market information, weather forecasting, farm management, as well as new technologies in the production, processing and preservation of agricultural products. Kenya has great potential for solar, wind, and geothermal energy. The government is encouraging investment in renewable energy, creating opportunities for innovations in the field of clean energy technology, energy storage and efficient energy management. Kenya is a popular tourist destination for its national parks, wildlife, and diverse culture. Innovations in sustainable tourism, tourism management, and customer experience can help boost the tourism industry and protect the country’s natural resources. In addition, Kenya has the potential to develop innovations in other areas such as water technology, environmental technology, and solutions to urban problems such as transportation, housing, and waste management. Therefore, more and more individuals and organizations want to register patents in Kenya, Viet An Law would like to guide clients about patent registration in Kenya through the article below.

Legal Basis

• Industrial Property Law, 2001 (Act No. 3 of 2001, amended to Act No. 11 of 2017)

Definition of Invention in Kenya

In Kenya, a patent is an exclusive right granted to an invention, which is a product or process that provides a new way to do something or offer a new technical solution to a problem.

Conditions for registering a patent in Kenya

The Kenya Industrial Property Act, 2001 (Act No. 3 of 2001, as amended) defines the requirements for patentability:

• Novelty: The invention must be new, which means that it has not been publicly disclosed anywhere in the world before the date of filing the patent application or priority date.
• Innovation: The invention must not be obvious to a person with expertise in the field of engineering, considering the condition of the technique at the time of filing.
• Industrial applicability: The invention must be able to be used or created in any type of industry, including agriculture.

Types of patents that can be registered in Kenya

Although the Kenya Industrial Property Act 2001 (Act No. 3 of 2001, as amended) does not make a clear distinction between the different types of patents, in general, the act recognizes invention patents as the primary form of patent protection. This means that the patent system is designed to protect products or a new process that meets the criteria of novelty, innovation and industrial applicability.

However, Kenya’s patent system also offers some flexibility and can in fact accommodate different types of patents. Here are some types of patents that can be registered in Kenya, based on the nature of the patent:

• Product patents: These patents protect new products, such as machinery, equipment, physical components, or manufactured goods.
• Process Patents: These patents protect methods of manufacturing or manufacturing new products or new ways to use an existing product.
• Patents for Innovations: These patents protect inventions that improve existing products or processes.
• Combination Patents: These patents protect inventions that combine existing elements in a new way to achieve a new result.

Patent Registration in Kenya

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Registering Patents in Kenya through the PCT System

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Kenya.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file a patent application, please contact Viet An Law for the most effective support.