MasiboLaw

Do you have a unique invention that you believe is worth protecting and securing not just locally but even in the global market? By the beginning of last year, Kenya ranked among the top 5 African countries with international patent filings done through the Kenya Industrial Property Institute. In this article, we will guide you on how to apply for an International Patent in Kenya.

A patent refers to an exclusive legal right that one is granted over an invention be it a product or a process and its protection is valid for 20 years. Patent laws like all other forms of intellectual property are territorial which means that each country has its own. This means that a patent application in one country is not valid in another and generally the owner will need to file an application for patent recognition in any other country where they intend to conduct business.

However, you can bypass this by making an international patent application. This is done under the Patent Cooperation Treaty (PCT) which covers over 150 countries including Kenya. This means that an application filed in Kenya under the treaty is enough to cover all 150 countries without having to go through each country separately.

The PCT application occurs in two phases; the International phase and the National phase.  Under the International Phase, you apply through Kenya Industrial Property Institute which plays the role of the receiving office which in essence means that you apply through them. This usually takes between 20-30 months. Once you succeed in the international phase, you are eligible to receive a patent from all the 150+ countries which is what is referred to as the national phase.

The application includes three fees: The World Intellectual Property Organization filing fee, which covers the processing and publication of the application, KIPI’s transmittal fee which covers sending the application to the World Intellectual Property Organization’s (WIPO) International Bureau, and a search fee which covers the International Searching Authority’s Search and opinion-making regarding the availability of the patent. Other applicable fees could include that of the Preliminary Examination by the International Preliminary Examination Authority.

If you are a company or individual with a global mindset, acquiring an international patent will save you the hustle and cost of going to each new country you get into and seeking a new patent there. Kenya is a great destination to apply for your international patent because of its foreigner-friendly policies as well as a stable and predictable legal regime.

In case you need help registering an international patent, do not hesitate to contact us at info@masibolaw.co.ke