• Patent fees

Fees associated with Kenyan PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in Kenya

The term for entering Kenyan PCT national phase is 30 months from the priority date. It is not possible to restore the right of priority.

• Filing requirements in Kenya

The official language of the proceedings before the Kenyan Patent Office is English. English translation of the PCT national phase application should be filed within 30 months from the priority date.

For the PCT national phase entry it is necessary to provide the Patent Office with:
- request to enter the PCT national phase containing applicant’s and agent’s name and address;
- number of the international application;
- description, claims, any text matter of drawings, abstract;
- payment of the fees.

A copy of the international application is only required if the Intellectual Property Office of Kenya hasn’t received a copy from the International Bureau.

Simply signed Power of Attorney should be submitted to the Kenyan Patent Office.

If an applicant is not the inventor, a simply signed statement justifying applicant’s right to the patent should be filed with the Patent Office.

• Examination of a PCT national phase patent application in Kenya

Formal and substantive examinations are conducted in respect of patent applications filed in Kenya. The term for requesting substantive examination is three years from the international filing date. In case of failure to request the examination within this term, an application will be considered abandoned. The application for a grant of patent is published within 18 months after its international filing date or, if a priority is claimed, the priority date, and the applicant must pay the publication fees before the application is published.

• Novelty grace period

Disclosure of an invention will be disregarded and will not disprove its novelty if it occurred within twelve months before the priority date and resulted from:
- applicant or his predecessor in title;
- an evident abuse by a third party in relation to the applicant or his predecessor in title.

• Grant, validity term and maintenance fees 

The grant fee should be paid to the Patent Office before the patent is granted. Patents are valid for 20 years from the filing date. Annual maintenance fees fall due on the anniversary of the filing date and should be paid in advance before the due date. Late payment is possible within a grace period of six months after the due date upon payment of the corresponding surcharge.

• Duration of registration procedure

If the process goes smoothly, it takes an average of two years from the PCT national phase entry to obtain a patent in Kenya.

• Utility Model 

It is possible to enter the PCT national phase in Kenya as a utility model, which is valid for ten years (non-renewable) from the filing date. New and industrially applicable inventions can be patented as utility models. Utility models in Kenya are not examined as to substance and granted upon formal examination. It takes an average of 19 months to get a patent for utility model in Kenya.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform the PCT national phase filing in Kenya through an agent, a registered Kenyan patent attorney.

•  Notes

1. Patent protection in Kenya may also be obtained via ARIPO PCT regional phase entry in Kenya.
2. Kenyan residents must initially file their patent applications with the Kenyan Intellectual Property Office. Without written approval from the Managing Director, residents cannot file or have filed patent applications for an invention outside Kenya unless they have submitted an application with the Patent Office at least six weeks before filing abroad.
3. The applicant can modify the patent application as long as it does not extend beyond the initial disclosure. Similarly, the applicant can split the original application into multiple applications, with each not exceeding the initial disclosure.

Brief summary is based on the information provided by B M Musau & Co., Advocates LLP on 27.02.2024
Please contact us if the above information is not in conformity with Kenyan IP Laws