Trade Mark examination - Kenya
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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.
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 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.
Trade Mark examination
- Formality examination: this involves close checking to find out whether the right documents are filed, whether the forms included are properly filled, and the required fees is appropriately paid. It is necessary that the class should be checked against the specification and confirm that the name, description and address of the Applicant is clearly written
- Search : A Search is conducted to ascertain that there is no similar or closely resembling mark is on the register, otherwise the present application can be refused on that ground. If there exists a similar mark from the same applicant ordinarily an association is requested.
- Substantive examination : During substantive examination, the mark is examined as to its distinctiveness. Normally the applicant is requested to remove non distinctive matter and descriptive elements. Where removal of such matter may result in the loss of the identity or substantially affect the main features of the mark entry of disclaimer is normally requested. Letters, Numerals, geographical names, names of places, names of communities, general representation of human beings, words or figures common in the respective trade are normally disclaimed. Logos, emblems, flags and Marks of International Organizations are normally not registrable by anybody else except the respective Organizations or one authorized by them to do so. Generic names of products are also not registrable.