PCT Applicant's Guide Kenya - Valid as from 1 Jul 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 1 July 2024

(published on 15 August 2024)

Summary of latest changes in this version
RO: RO fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Nov 2023, 1 Jan 2024, 1 Mar 2024, Current Version

Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Dec 2024.

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:

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:

http://www.kipi.go.ke

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)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

AP,

IB,

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:

Does the receiving Office accept the filing of international applications in electronic form?

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 RO”).

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)).

Yes, the Office accepts electronic filing via ePCT-Filing

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,

AU,

CN,

EP,

Competent International Preliminary Examining Authority:

AT,

AU,

The Office is competent only if the international search is or has been carried out by that Office.

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).

Fees payable to the RO:

Transmittal fee:

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.

5,000 KES

or 250 USD

plus cost of mailing

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,457 USD

Fee per sheet in excess of 30:

16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

219 USD

Electronic filing (the request, description, claims and abstract in character coded format):

329 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)):

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.

2,000 KES

or 100 USD

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(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.

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 (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

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:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

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.

Patents

National processing fee:

3,000 KES

or 150 USD

Annual fee for the 2^nd 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 2^nd year to the 7^th year

per year 2,000 KES

per year 300 USD

— for the 8^th year

6,000 KES

300 USD

— for the 9^th year

7,000 KES

350 USD

— for the 10^th year

8,000 KES

400 USD

— for the 11^th year

10,000 KES

500 USD

— for the 12^th year

12,000 KES

600 USD

— for the 13^th year

14,000 KES

700 USD

— for the 14^th year

16,000 KES

800 USD

— for the 15^th year

18,000 KES

900 USD

— for the 16^th year

20,000 KES

1,000 USD

— for the 17^th year

30,000 KES

1,500 USD

— for the 18^th year

35,000 KES

1,750 USD

— for the 19^th year

40,000 KES

2,000 USD

— for the 20^th 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 2^nd year

1,500 KES

75 USD

— for the 3^rd year

2,000 KES

100 USD

— for the 4^th year

2,500 KES

125 USD

— for the 5^th year

3,000 KES

150 USD

— for the 6^th year

3,500 KES

175 USD

— for the 7^th year

4,000 KES

200 USD

— for the 8^th year

4,500 KES

225 USD

— for the 9^th year

5,000 KES

250 USD

— for the 10^th 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

Processing

WIPO - PCT Applicant's Guide KE - Kenya
Kenya Industrial Property Institute

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide KE - Kenya Kenya Industrial Property Institute

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide KE - Kenya
Kenya Industrial Property Institute