MasiboLaw

1. What is a Patent?

A patent is an exclusive legal right granted for an invention, which provides the patent holder with protection against others making, using, or selling the invention without permission for a specified period.



2. Who can apply for a Patent in Kenya?

Any individual or legal entity (e.g., company or research institution) can apply, provided they are the rightful inventor or have obtained rights from the inventor.



3. What qualifies as a patentable invention in Kenya?

For an invention to be patentable, it must meet three main criteria:

Novelty – It must be new.

Inventive Step – It should not be obvious to someone skilled in the field.

Industrial Applicability – It must be capable of being used in some kind of industry.



4. What cannot be patented in Kenya?

Kenya does not grant patents for:

i. Discoveries, scientific theories, and mathematical methods.

ii.  Schemes, rules, or methods for doing business or playing games.

iii. Diagnostic, therapeutic, and surgical methods for humans or animals.

iv. Mere presentations of information.



5. Where do I apply for a Patent in Kenya?

Patent applications are filed with the Kenya Industrial Property Institute (KIPI).



6. What documents are required for patent registration?

i. Completed Form IP3 (Request for Grant of a Patent)

ii. Patent specification (title, abstract, claims, description, and drawings if any)

iii. Statement justifying the applicant’s right (if not the inventor)

iv. Payment of official fees


7. How long does it take to register a Patent in Kenya?

It typically takes between 18 to 36 months, depending on the complexity of the invention and the examination process.


8. How long is a Kenyan Patent valid?

A Kenyan patent is valid for 20 years from the filing date, subject to annual renewal fees starting from the 5th year.


9. Can I file an international patent from Kenya?

Yes. Kenya is a signatory to the Patent Cooperation Treaty (PCT). You can file a PCT application through KIPI, giving you protection in multiple countries.


10. How can MasiboLaw LLP help with patent registration?

We offer:

a. Legal advice on patentability

b. Drafting and filing of patent applications

c. Representation before KIPI

d. Managing renewals and enforcement

e. Support with international (PCT) filings



11. What are the costs involved in registering a Patent in Kenya?

Costs vary depending on the complexity of the invention and legal assistance required. Get in touch with us for a customized quote.



12. What happens if someone infringes on my Patent?

You can take legal action for damages, injunctions, or account of profits. MasiboLaw LLP provides litigation and enforcement services to protect your IP rights.


Need help registering your Patent in Kenya?

Contact us today to schedule a consultation or request a quote:

Call: +254114529457

Email: info@masibolaw.co.ke

Or fill out our contact form to get started.