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

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Kenya Industrial Property Institute
    KPL: Industrial Property Act of Kenya
    KR: Regulations under the Industrial Property Act of Kenya
    [MT] 本文档中使用的货币列表 :
    KES (Kenyan shilling), USD (US dollar)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    Kenya
    [MT] 两个字母代码 :
    KE
    [MT] 办公室名称:
    Kenya Industrial Property Institute
    [MT] 地点:
    KIPI Centre
    17 Kabarsiran Avenue
    Off Waiyaki Way
    Lavington
    Nairobi
    Kenya
    [MT] 邮寄地址 :
    P.O. Box 51648-00200
    Nairobi
    Kenya
    [MT] 电话:
    (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
    [MT] 电子邮件:
    info@kipi.go.ke
    [MT] 网站地图
    [MT] 传真:
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则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
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    Yes, provided that the delivery service is:
    DHL,
    Sky Courier International
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    AP,
    IB,
    KE
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: KE
    ARIPO protection: AP
    [MT] 通过PCT 提供的保护类型:
    National:
    Patents,
    Utility models

    ARIPO:
    Patents,
    Utility models (a utility model may be sought instead of or in addition to an ARIPO patent)
    [MT] 办公室接受的付款方式:
    Refer to the Office
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    Section 43 of the Industrial Property Act, 2001
    [MT] 国际公布后的临时保护 :
    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
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    For national protection
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.
    For an ARIPO patent
    Refer to Annex B(AP)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    Kenya
    [MT] 国际申请可用语言提交:
    English
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
    Same as above
    [MT] 请求书可用语言提交:
    English
    Number of copies required by the receiving Office if the international application is filed on paper:
    3
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    是的
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies the “unintentional” criterion to such requests
    [MT] 国际主管查询机关 :
    AT,
    AU,
    CN,
    EP,
    SE
    [MT] 国际初步审查主管机关 :
    AT,
    AU,
    SE

    CN
    The Office is competent only if the international search is or has been carried out by that Office.
    EP
    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:
    [MT] 传输费用 :
    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.
    — plus cost of mailing
    5,000 KES
    250 USD
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,667 USD
    [MT] 超过30张的每张费用:
    19 USD
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    251 USD
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    376 USD
    [MT] 搜索费用:
    Refer to
    Annex D(AU)
    Annex D(AT)
    Annex D(CN)
    Annex D(EP)
    Annex D(SE)
    [MT] 优先权文件费 (PCT规则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
    100 USD
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(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
    50 USD
    [MT] 接受局是否要求代理人?
    No, if the applicant resides in Kenya
    Yes, if the applicant is a non-resident
    [MT] 谁可以担任代理人?
    Any person registered to practice before the Office. A list of registered agents may be obtained from the Office.
    [MT] 委托书的放弃:
    [MT] 办公室是否已放弃提交单独授权书的要求?
    Refer to the Office
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    Refer to the Office

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    None
    [MT] 任何其他说明:
    None
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the microorganism

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    是的
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    English
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    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).
    [MT] 局是否根据其国家法律 接受彩色图纸?
    Refer to the Office
    [MT] 国家费用 :
    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.
    [MT] 专利
    National processing fee:
    3,000 KES
    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
    300 USD
    Utility models
    National processing fee:
    1,000 KES
    50 USD
    [MT] 免除、减少或退还费用:
    None
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    [MT] 谁可以担任代理人?
    Any person registered to practice before the Office. A list of registered agents may be obtained from the Office.
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    Yes, under the "unintentional" criterion
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the Office applies the “unintentional” criterion to such requests

    [MT] 国家阶段的程序

    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 NP 6.002 and NP 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
    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
    KR Sec. 76

    Reference is made to paragraphs NP 6.022 to NP 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
    KR Sec. 33(1)

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.

    [MT] 附件 1

    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.
    [MT] 专利
    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
    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
    [MT] 如何支付费用?
    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).
    [MT] 表格
    The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
    Current version applicable from 2026年1月1日 , printed on 2026年2月16日