KE - Kenya
Kenya Industrial Property Institute

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Kenya Industrial Property Institute
KPL: Industrial Property Act of Kenya
KR: Regulations under the Industrial Property Act of Kenya
List of currencies used in this document:
KES (Kenyan shilling), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Kenya
Two-letter code:
KE
Kenya - Kenya Industrial Property Institute
Name of Office:
Kenya Industrial Property Institute
Location:
KIPI Centre
17 Kabarsiran Avenue
Off Waiyaki Way
Lavington
Nairobi
Kenya
Mailing address:
P.O. Box 51648-00200
Nairobi
Kenya
Telephone:
(254-20) 600 22 10
(254-20) 600 22 11
(254-20) 600 63 26
(254-20) 600 63 29
(254-20) 600 63 36
(254-20) 238 62 20
Mobile phone :
(254-70) 200 20 20
(254-73) 600 20 20
E-mail:
info@kipi.go.ke
Website:
Facsimile:
None
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by e-mail
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, within one month from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application
No, only upon invitation in the case of other documents
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes
provided that the delivery service is:
DHL
Sky Courier International
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
AP
African Regional Intellectual Property Organization - African Regional Intellectual Property Organization (ARIPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
KE
Kenya - Kenya Industrial Property Institute
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
National protection: KE
ARIPO protection: AP
Types of protection available via the PCT:
National:
Patents
Utility models
ARIPO:
Patents
Utility models (a utility model may be sought instead of or in addition to an ARIPO patent)
Availability under the national law for an international-type search (PCT Article 15):
Section 43 of the Industrial Property Act, 2001
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
Relief may be sought in respect of acts committed before the grant of the patent but after the date on which international publication was effected in English. Where the international publication was effected in a language other than English, relief may be sought provided that the applicant had transmitted an English translation of the international publication to the infringer and only in respect of acts committed by the latter after he had received the translation.
Where the designation is made for the purposes of an ARIPO patent:
None
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
Must be in the request. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For an ARIPO patent
Refer to Annex B(AP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Kenya
Language in which international applications may be filed:
English
Language accepted for language-dependent free text in the sequence listing:
The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
Same as above
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 21 February 2019, pages 31 et seq.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “unintentional” criterion to such requests
Competent International Searching Authority:
AT
Austria - Austrian Patent Office
, 
AU
Australia - Australian Patent Office
, 
CN
China - China National Intellectual Property Administration (CNIPA)
, 
EP
European Patent Organisation - European Patent Office (EPO)
, 
SE
Sweden - Swedish Intellectual Property Office (PRV)
Competent International Preliminary Examining Authority:
AT
Austria - Austrian Patent Office
, 
AU
Australia - Australian Patent Office
, 
CN
China - China National Intellectual Property Administration (CNIPA)
1, 
EP
European Patent Organisation - European Patent Office (EPO)
2, 
SE
Sweden - Swedish Intellectual Property Office (PRV)
Fees payable to the receiving Office:
Transmittal fee: 3
5,000 KES
or 250 USD
plus cost of mailing
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 USD
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
324 USD
Search fee:
Refer to
Annex D(AU)
Annex D(AT)
Annex D(CN)
Annex D(EP)
Annex D(SE)
Fee for priority document (PCT Rule 17.1(b)): 3
2,000 KES
or 100 USD
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)): 3
1,000 KES
or 50 USD
Is an agent required by the receiving Office?
No, if the applicant resides in Kenya
Yes, if the applicant is a non-resident
Who can act as agent?
Any person registered to practice before the Office. A list of registered agents may be obtained from the Office.
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
None
— any additional indications:
None
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, relevant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
English
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, as amended only, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
The applicant should only send a copy of the international application if he has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).
National fees: 3
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Patents
National processing fee:
3,000 KES
or 150 USD
Annual fee for the 2nd year:
Late payment of annual fees is permitted in certain circumstances subject to the payment of a surcharge
2,000 KES
or 300 USD
Utility models
National processing fee:
1,000 KES
or 50 USD
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Appointment of an agent if the applicant is not resident in Kenya
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form
Who can act as agent?
Any person registered to practice before the Office. A list of registered agents may be obtained from the Office.
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “unintentional” criterion to such requests

The procedure in the national Phase

KE.01 FORM FOR ENTERING THE NATIONAL PHASE
The Office has available a special form for entering the national phase (refer to Annex KE.II). This form should preferably (but need not ) be used.
KE.02 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
KE.03 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex KE.I.
KE.04 EXAMINATION
KPL Sec. 44, KR Sec. 28
The Office may subject the application to search and/or examination by competent authorities upon the request of the applicant and upon payment of a fee, the amount of which is indicated in Annex. KE.I.
KE.05 REPRESENTATION
KPL Sec. 34(2), KPL Sec. 34(3), 34(4)
Where the ordinary residence or principal place of business of the applicant is outside Kenya, the appointment of an agent who is a citizen of Kenya and is registered to practice before the Office must be indicated for the purposes of national processing. This may be done on the form, a model of which is given in Annex KE.II.
KE.06 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, KPL Sec. 36, KR Sec. 20
The applicant may amend or correct the claims, description, and drawings in the international application at any time before the grant of the patent, provided that the scope of the subject matter of the application is not broadened thereby.
KE.07 ANNUAL FEES
KPL Sec. 61, KR Sec. 38
For the due date of the first annual fee, refer to the Summary. A grace period of six months is granted for the payment of the annual fee upon payment of a surcharge. Where the applicant fails to pay the annual fee, the surcharge or both within the six month grace period he may, within a period of six months from the expiration of that grace period, apply to the Managing Director of the Office for the restoration of the patent or the application upon payment of the prescribed fee. The amounts of the annual fees and of the restoration fee are indicated in Annex KE.I.
KE.08 PATENT TERM
KPL Sec. 60
The patent term expires at the end of 20 years from the filing date.
KE.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis, KR Sec. 76
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. The Managing Director of the Office may, in his discretion, excuse the delay in meeting any time limit subject to such terms and conditions as he considers appropriate.
KE.10 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, PCT Rule 82ter, KR Sec. 33(1)
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. Where an international application designating Kenya is considered withdrawn or alleged to have been refused a filing date on account of an error or omission by the receiving Office or the International Bureau, the applicant may request the Managing Director of the Office to treat the international application as a national application. Such request should be accompanied by a statement of facts.
KE.11 APPEALS
KPL Sec. 47, KPL Sec. 112, KPL Sec. 113, KPL Sec. 114, KPL Sec. 115
If, upon review under PCT Article 25, the Office denied an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Office. Appeals against a decision of the Managing Director are made to the Industrial Property Tribunal. Decisions of the Tribunal may be appealed to the High Court of Kenya and from there to the Court of Appeal.
KE.12 UTILITY MODEL
KPL Sec. 81
If the applicant wishes to obtain a utility model instead of a patent in Kenya on the basis of an international application, it must be indicated in the international application (in Box V of the request) when filed. The fees relating to utility models are indicated in Annex KE.I.
KE.13 CONVERSION
KPL Sec. 83
The applicant may at any time before grant or refusal of a patent convert an application for a patent into an application for a utility model and vice versa.

Annexes

Annex KE.I - Fees
Fees are payable in USD if the person paying the fees or on whose behalf the fees are being paid does not reside in Kenya and does not have a principal place of business in Kenya
Patents
National processing fee
3,000 KES
150 USD
Request for substantive examination
5,000 KES
250 USD
Fee for amendment or division of an application
2,000 KES
100 USD
Fee for amendment of application (change in name, address or other contact information)
1,000 KES
50 USD
Fee for request for extension of time
1,000 KES
50 USD
Fee for publication
3,000 KES
150 USD
Annual fees:
— from the 2nd year to the 7th year
per year 2,000 KES
per year 300 USD
— for the 8th year
6,000 KES
300 USD
— for the 9th year
7,000 KES
350 USD
— for the 10th year
8,000 KES
400 USD
— for the 11th year
10,000 KES
500 USD
— for the 12th year
12,000 KES
600 USD
— for the 13th year
14,000 KES
700 USD
— for the 14th year
16,000 KES
800 USD
— for the 15th year
18,000 KES
900 USD
— for the 16th year
20,000 KES
1,000 USD
— for the 17th year
30,000 KES
1,500 USD
— for the 18th year
35,000 KES
1,750 USD
— for the 19th year
40,000 KES
2,000 USD
— for the 20th year
50,000 KES
2,500 USD
Surcharge for late payment of annual fees
3,000 KES
150 USD
Fee for restoration of an application or a patent
6,000 KES
300 USD
Fee for restoration of the right of priority
1,000 KES
50 USD
Utility models
National processing fee
1,000 KES
50 USD
Fee for amendment or division of an application
500 KES
50 USD
Fee for amendment of application (change in name, address or other contact information)
500 KES
50 USD
Fee for request for extension of time
500 KES
50 USD
Fee for publication
3,000 KES
150 USD
Annual fees for a utility model certificate:
— for the 2nd year
1,500 KES
75 USD
— for the 3rd year
2,000 KES
100 USD
— for the 4th year
2,500 KES
125 USD
— for the 5th year
3,000 KES
150 USD
— for the 6th year
3,500 KES
175 USD
— for the 7th year
4,000 KES
200 USD
— for the 8th year
4,500 KES
225 USD
— for the 9th year
5,000 KES
250 USD
— for the 10th year
5,500 KES
275 USD
Surcharge for late payment of annual fees
3,000 KES
150 USD
Fee for restoration of a utility model application or registration
2,000 KES
100 USD
Fee for restoration of the right of priority
500 KES
50 USD
How can payment of fees be effected?
The payment of fees to the Office must be effected in Kenyan shilling or US dollars. Payment of fees can be made by bank deposit or check (clearing in Kenya). All payments must give the application number (national if already known; international if the national number is not yet known).
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex KE.II - National processing request form
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office.
2 a The Office is competent only if the international search is or has been carried out by that Office, by the Austrian Patent Office or by the Swedish Intellectual Property Office (PRV).
3 a b c d This fee is payable in USD if the person paying the fee or on whose behalf the fee is being paid does not reside in Kenya and does not have a principal place of business in Kenya.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 19 Apr 2024
1.7 #53 - 2023-12-08T16:08:50.921+01:00