Patenting Services - Kenya
Patent application examination
The first task for the examiner is to determine whether the application meets the requirements according to the filing date.
These requirements are prescribed under section 41 of the Act as the name of the:
- claims; and
- drawings where necessary.
Off Waiyaki Way, Lavington
P.O. Box 51648-00200, Nairobi.
Tel: 020-6002210/11, 6006326/29/36, 2386220
Mobile: 0702002020, 0736002020
How to get a patent in Kenya
A patent is a legally enforceable right, granted by the government in return for disclosure of the invention to the public.
Patent protection is territorial, meaning every country grants patents that are only applicable and enforceable in that country. In other words, patents rights can only be enforced in a country where the patent is granted and in force.
Kenya Industrial Property Institute (KIPI) is responsible for examining and granting patents in Kenya. KIPI operates under the Industrial Property Act 2001.
However, it is also possible to obtain a patent through the African Regional Intellectual Property Organization (ARIPO), which is a regional intergovernmental organization mandated to grant patents on behalf of its member states. Currently ARIPO has a membership of 16 African countries.
What is the cost of a patent?
Patent costs vary from case to case and increase significantly if one seeks patents overseas.
The cost may also vary if the applicant uses the services of patent agents, who have their own set of fees.
To file an application in Kenya, at a minimum the following fees are applicable:
- Filing fee of Ksh3,000 - due when the application is filed;
- Publication fee of Ksh3,000 - due after 18 months from the filing date;
- Examination fee of Ksh 5,000 - due within 3 years from the filing date;
- Grant fee of Ksh 3,000 - due once the patent has been accepted for grant.