• Kenya
  • Resources
  • Business Services
  • Patenting Services
  • Patenting Services

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:

  • applicant; 
  • description; 
  • claims;  and 
  • drawings  where necessary.

More information
 

Contact details

KIPI Centre,
Kabarsiran Avenue,
Off Waiyaki Way, Lavington
P.O. Box 51648-00200, Nairobi.
Tel: 020-6002210/11, 6006326/29/36, 2386220
Mobile: 0702002020, 0736002020
E-mail: info@kipi.go.ke
Facebook: @kipikenya
Twitter: @kipikenya
www.kipi.go.ke

How to get a patent in Kenya

A  patent  gives  the  owner  the  exclusive  rights  to prevent  others  from  manufacturing, using  or  selling  the  protected  invention  in  a  given  country.     

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.
angle-left The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification)

The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification)

The Nice Classification was established under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, one of the treaties administered by the World Intellectual Property Organization. The Nice Classification was established by an Agreement concluded at a Diplomatic Conference held in Nice on 15th June 1957. Kenya has not ratified the Agreement. However, section 6 of the Trade Marks Act provides that goods and services in respect of which registration of a mark is applied for shall be classified in accordance with the Nice Classification. The following are the class headings under the Nice Classification:

 

GOODS

Class 1           Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

Class 2           Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists

Class 3           Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices

Class 4           Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

Class 5           Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6           Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7           Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines

Class 8           Hand tools and implements(hand-operated); cutlery; side arms; razors

Class 9           Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus

Class 10         Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials

Class 11         Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

Class 12         Vehicles; apparatus for locomotion by land, air or water

Class 13         Firearms; ammunition and projectiles; explosives; fireworks

Class 14         Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments

Class 15         Musical instruments

Class 16         Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks

Class 17         Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

Class 18         Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery

Class 19         Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

Class20          Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of pearl, meerschaum and substitutes for all these materials, or of plastics

Class 21         Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

Class 22         Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials

Class 23         Yarns and threads, for textile use

Class 24         Textiles and textile goods, not included in other classes;bed covers; table covers

Class 25         Clothing, footwear, headgear

Class 26         Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27         Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28         Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29         Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats

Class 30         Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice

Class 31         Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals; malt

Class 32         Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages

Class 33         Alcoholic beverages (except beers)

Class 34         Tobacco; smokers’ articles; matches

SERVICES

Class 35         Advertising; business management; business administration; office functions

Class 36         Insurance; financial affairs; monetary affairs; real estate affairs

Class 37         Building construction; repair; installation services

Class 38         Telecommunications

Class 39         Transport; packaging and storage of goods; travel arrangement

Class 40         Treatment of materials

Class 41         Education; providing of training; entertainment; sporting and cultural activities

Class 42         Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software

Class 43         Services for providing food and drink; temporary accommodation

Class 44         Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

Class 45 Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals