PCT NATIONAL PHASE ENTRY
Kenya

Kenya has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since June 14, 1965, and a Contracting Party to the Patent Cooperation Treaty (PCT) since June 08, 1994. Furthermore, Kenya is a signatory to the Patent Law Treaty (PLT) and is a member of the African Regional Intellectual Property Organization (ARIPO). Kenya's patent law history, while relatively modern, traces its roots to the colonial era with the introduction of intellectual property laws through the 1897 East African Order in Council. These laws, including copyright provisions, were primarily aimed at controlling publications and written materials, often to the benefit of the colonial authorities. Kenya's first patent was registered in 1932, but the process was managed through the Attorney General's office under the Patent Registration Act, and not all patents could be registered in the country. Furthermore, patents granted in the UK could be registered in Kenya, and if the UK patent was revoked or expired, the corresponding protection in Kenya would also be automatically invalidated. Over time, the system evolved into the current framework governed by the Industrial Property Act (IPA) of 2001 and administered by the Kenya Industrial Property Institute (KIPI).

The deadline for entering the Kenyan PCT national phase is 30 months from the priority date.

The official language for proceedings at the Kenyan Patent Office is English. An English translation of the PCT national phase application must be submitted within 30 months from the priority date.

No extension is available to file the late patent application in Kenya.

• Power of Attorney: A Power of Attorney, simply signed, should be submitted to the Kenyan Patent Office.
• Assignment Deed: If an applicant is not the inventor, a simply signed statement justifying applicant’s right to the patent should be filed with the Patent Office.

There are no fee exemptions for patent applications in Kenya.

Patent applications filed in Kenya undergo both formal and substantive examinations. A request for substantive examination must be submitted within three years from the international filing date.

Annual maintenance fees are due on the anniversary of the filing date and must be paid in advance. Late payments can be made within a six-month grace period after the due date, subject to the payment of an additional surcharge.

In Kenya, patents enjoy a remarkable validity period of up to 20 years from the filing date, providing long-term protection for innovative ideas and inventions.

Kenya is ranked 96th in the 2024 Global Innovation Index (GII), which evaluates the innovation capabilities of various economies. With an innovation index score of 21.00, Kenya experienced a slight decrease from the previous score of 21.24 in 2023. In Sub-Saharan Africa, Mauritius leads at 55th, followed by South Africa (69th), Botswana (87th), Cabo Verde (90th), and Senegal (92nd). Kenya performs strongly in areas such as venture capital recipients, utility models, ICT services exports, and labor productivity growth. The GII 2024 marks the 17th edition of the index, with Kenya ranking 96th out of 133 economies. Among the 38 lower-middle-income economies, Kenya holds the 17th position, while in Sub-Saharan Africa, it ranks 6th out of 27 economies. Additionally, Kenya has improved its position in innovation outputs, ranking 87th, a step up from last year.

Kenya is known for its diverse landscapes ranging from the Great Rift Valley and savannahs to highlands and a stunning coastline along the Indian Ocean. It has a population of over 50 million and Nairobi as its capital, serving as a major economic and tech hub in Africa. The country’s economy relies heavily on agriculture, tourism, and services, with tea, coffee, and horticulture as key exports. Kenya has rich cultural diversity, with over 40 ethnic groups, and is famous for its wildlife and national parks.