Kenya belongs to the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Patent Law Treaty ("PLT")
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• Other: Harare Protocol on Patents and Industrial Designs within the Framework of the African Regional Intellectual Property Organization (1982)

Inventions protections available in Kenya include:

• Inventions
• Utility models
• Other: Industrial designs and technovations

The following subject matter is excluded from patent protection in Kenya:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: Plant varieties as protected under the Seeds and Plant Varieties Act; Inventions contrary to public order, morality public health, safety, principles of humanity national security or defense of Kenya.

Documents and information required for filing a national patent application in Kenya include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Other: A request should state the name of, and prescribed data concerning the applicant, the inventor and the agent if any, and the title of the invention; and where the applicant is not the inventor, then the request shall be accompanied by a statement justifying the applicant’s right to the patent.

Yes, it is possible to request early publication or deferment of publication in Kenya. An application should be published as soon as possible after the expiration of 18 months from the filing date or, where priority is claimed, the date of priority. However, the Managing Director may at the request of the applicant, publish the application before the expiry of eighteen months

Yes, the applicant has a provisional right upon publication of an application in Kenya. There is a right to be granted the patent where the relevant requirements for registration have been satisfied. Further, relief against infringement may be sought in respect of acts committed before the grant of the patent but after the date of international publication under the Patent Cooperation Treaty, where the said international publication was effected in English.

It is possible to file voluntary amendments in Kenya at the following times:

• Other: The applicant may amend the application provided that the amendment does not go beyond the disclosure in the initial application. 

Yes, it is required to file a request for substantive examination in Kenya. The deadline for lodging the request is five years from the date of filing the application. 

Yes, there is a third-party opposition procedure upon publication or after grant in Kenya. 

The time period from application to grant in Kenya is between 3-4 years. 

No, there is no process for accelerated examination of an application in Kenya. 

Yes, it is required to pay an annuity to maintain the validity of a patent in Kenya. 

Yes, late payment of an annuity is permissible in Kenya. Annuities should be paid in advance to KIPI and they fall due on the eve of each anniversary of the date of filing of the patent. Late payment is possible within the grace period of six months from the due date of payment of the corresponding surcharge. 

Available enforcement methods in Kenya include:

• Civil enforcement
• Administrative enforcement
• Criminal enforcement
• Border measures

None identified.