Industrial Property Regulations and Rules

NO.
3 OF 2001
INDUSTRIAL PROPERTY ACT

SUBSIDIARY LEGISLATION
List of Subsidiary Legislation

Page
1. Industrial Property Tribunal Rules, 2002......................................................................61
2. Industrial Property Regulations, 2002..........................................................................95
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INDUSTRIAL PROPERTY TRIBUNAL RULES, 2002

ARRANGEMENT OF RULES
PART I – PRELIMINARY
Rule
1. Citation.
2. Definitions.
3. Forms.
4. Fees.
PART II – APPEAL PROCEEDINGS
5. Notice of appeal.
6. Time limit for appeals.
7. Parties.
8. Service of notice of appeal.
9. Reply.
PART III – PROCEEDINGS RELATING TO LICENCES
10. Application for repayment of royalties, etc.
11. Application and requests for compulsory licences.
12. Application for cancellation of a compulsory licence.
13. Application for variation of terms of a compulsory licence.
14. Form of instruction under section 78 of the Act.
15. Application for fixing of terms.
PART IV – REVOCATION OR INVALIDATION PROCEEDINGS
16. Request for revocation or invalidation.
17. Counter-statement.
18. Publication fee for application.
19. Form of information under section 104(2) of the Act.
PART V – PROCEEDINGS RELATING TO INFRINGEMENT
20. Requests under s. 106 of the Act.
21. Requests under s. 107(1) of the Act.
22. Requests under s. 108(1) of the Act.
PART VI – GENERAL RULES APPLICABLE TO ALL PROCEEDINGS
23. Frivolous or vexatious proceedings.
24. Evidence.
25. Security for costs.
26. Hearings, schedulings, etc.
27. Hearings, particular provisions.
28. Witness allowances.
29. Withdrawal.
30. Number of copies of documents to be signed.
31. Documents in English.
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32. Rules for giving notices, etc.

33. Extension of time.
34. Signing of forms on behalf of certain bodies.
35. Statutory declarations and affidavits.
36. Application for order under section 114(1) of the Act.
37. Directions with respect to procedure.
PART VII – MISCELLANEOUS PROVISIONS
38. Application to fix remuneration under section 32(4) of the Act.
39. Reference under section 118 of the Act.
40. Form for appointment of assessors.
41. Representation by agent.
42. Copies of documents.
43. Transition- matters before the Tribunal.
44. Former rules repealed.
SCHEDULES
FIRST SCHEDULE— FORMS
SECOND SCHEDULE— FEES
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INDUSTRIAL PROPERTY TRIBUNAL RULES, 2002

[L.N. 196/2002.]
1. Citation
These Rules may be cited as the Industrial Property Tribunal Rules, 2002.
2. Definitions
In these Rules, unless the context otherwise requires—
“Chairman” means the Chairman of the Tribunal;
“Secretary” means the Secretary to the Tribunal.
3. Forms
The forms referred to in these Rules are the forms set out in the First Schedule.
4. Fees
(1) The fees set out in the Second Schedule are prescribed.
(2) If, for a fee, a corresponding form is referred to in the Second Schedule, the fee is
payable when the form is used.
(3) A fee paid in error may be refunded.
PART II – APPEAL PROCEEDINGS
5. Notice of appeal
(1) A person who may appeal to the Tribunal shall do so by filing a notice of appeal
with the Tribunal.
(2) The notice of appeal shall set out—
(a) the decision appealed against;
(b) whether or not the appeal is against the entire decision or only part of the
decision, and if the appeal is against only part of the decision, the part of the
decision appealed against;
(c) the grounds of appeal; and
(d) the order or any other relief sought.
(3) The notice of appeal shall be in the following form—
(a) for an appeal from a decision of the Minister under section 27(7) of the Act,
in Form IPT 1;
(b) for an appeal from a decision of the Managing Director under section 71 of
the Act, in Form IPT 2;
(c) for an appeal from a decision of the Minister under section 80(11) of the Act,
in Form IPT 3;
(d) for an appeal from a decision of the arbitration board under section 101(3) of
the Act, in Form IPT 4;
(e) for an appeal from a decision of the Managing Director, other than an appeal
described in paragraph (b), in Form IPT 5.
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6. Time limit for appeals

(1) An appeal shall be made within 90 days after the date of the notification of the
decision.
(2) Subrule (1) does not apply with respect to an appeal if a provision of the Act or the
Industrial Property Regulations, 2002 provides a time limit for making the appeal.
7. Parties
(1) If a decision arising from a proceeding is appealed, each person who was a party
to the proceeding is a party to the appeal.
(2) The Managing Director shall be a party to an appeal from a decision of the Minister
or the Managing Director other than an appeal under regulation 49(20) of the Industrial
Property Regulations, 2002.
(3) The Minister shall not be a party to an appeal from a decision of the Minister.
(4) The Tribunal may add persons as parties to an appeal.
8. Service of notice of appeal
The Secretary shall serve a notice of appeal upon each party other than the appellant.
9. Reply
(1) A party may oppose an appeal by filing with the Tribunal a reply setting out fully the
grounds of opposition.
(2) The reply shall be in Form IPT 6.
(3) The reply shall be filed within 45 days after the notice of appeal is served.
(4) The Secretary shall serve a copy of the reply upon the appellant and the other parties.
PART III – PROCEEDINGS RELATING TO LICENCES
10. Application for repayment of royalties, etc
(1) An application for an order of the tribunal under section 66 of the Act shall be in Form
IPT 7 and shall be filed with the Tribunal.
(2) The application shall set out the order being sought and shall be accompanied by
a statement of the facts being relied upon.
(3) The Secretary shall serve a copy of the application and the accompanying statement
of facts upon the person against whom the order is sought.
(4) The person against whom the order is sought may oppose the application by filing
with the Tribunal a counter-statement setting out fully the grounds of opposition.
(5) The counter-statement shall be in Form IPT 6.
(6) The counter-statement shall be filed within 45 days after the application is served.
(7) The Secretary shall serve a copy of the counter-statement upon the applicant.
11. Application and requests for compulsory licences
(1) This rule applies with respect to an application under section 72(1) of the Act or a
request under section 73(1) of the Act.
(2) The application or request shall be in Form IPT 8 and shall be filed with the Tribunal.
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(3) The application or request shall set out the relief being sought and shall be
accompanied by a statement of the fact being relied upon and supporting evidence.
(4) The Tribunal shall consider the application or request and, if the Tribunal is of the
view that a prima facie case has not been made out for the relief sought, the following shall
apply—
(a) the Tribunal shall notify the person who made the application or request that
the Tribunal is of the view that a prima facie case has not been made out
and that the person may, within thirty days after the notification, request an
opportunity to be heard;
(b) if the person who made the application or request requests an opportunity to
be heard within the time period described in sub-rule (a), the Tribunal shall
give the person such an opportunity and, if the Tribunal is still of the view
that a prima facie case has not been made out, the Tribunal shall dismiss the
application or request; and
(c) if the person who made the application or request does not request an
opportunity to be heard within the time period described in sub-rule (a), the
Tribunal shall dismiss the application or request.
(5) Unless the Tribunal dismisses the application or request under sub-rule (4)(b) or (c)—
(a) the Tribunal shall publish the application or request in the Kenya Gazette or
in the Industrial Property Journal; and
(b) the Secretary shall serve a copy of the application or request and the
accompanying statement of facts and supporting evidence required under
sub-rule (3) upon the owner of the patent and anyone else shown in the patent
register as having an interest in the patent.
(6) Before an application or request is published under sub-rule (5)(a), the person who
made the application or request shall pay the publication fee.
(7) A person may oppose the application or request by filing with the Tribunal a reply in
Form IPT 9 setting out fully the grounds of opposition.
(8) The reply shall be accompanied by a statement of the facts being relied upon and
supporting evidence.
(9) The reply shall be filed within 45 days after the application or request is published.
(10) The Secretary shall serve a copy of the reply and the accompanying statement of
facts and supporting evidence required under sub-rule (8) upon the person who made the
application or request.
(11) The person who made the application or request may, within 45 days after being
served under sub-rule (10), file with the Tribunal further evidence confined to matters strictly
in reply.
(12) The Secretary shall serve a copy of evidence filed under sub-rule (11) upon the
person opposing the application or request.
(13) No further evidence shall be filed except by leave or direction of the Tribunal.
(14) Evidence filed under this rule shall be by way of a statutory declaration or affidavit.
(15) Rule 24 does not apply with respect to an application or request with respect to
which this rule applies.
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12. Application for cancellation of a compulsory licence

(1) An application for the cancellation of a compulsory licence under section 77(1) or
(2) of the Act shall be in Form IPT 10 and shall be filed with the Tribunal.
(2) The application shall be accompanied by a statement of the facts being relied upon.
of facts upon the licensee.
(4) The licensee may oppose the application by filing with the Tribunal a counter-
statement setting out fully the grounds of opposition.
13. Application for variation of terms of a compulsory licence
(1) An application for the variation of terms of a compulsory licence under section 77(3)
of the Act shall be in Form IPT 11 and shall be filed with the Tribunal.
(2) The application shall set out the variation of terms being sought and shall be
accompanied by a statement of the facts being relied upon.
of facts upon the other party to the licence.
(4) The other party to the licence may oppose the application by filing with the Tribunal
a counter-statement setting out fully the grounds of opposition.
14. Form of instruction under section 78 of the Act
An instruction under section 78 of the Act with respect to the recording of a grant,
cancellation or variation shall be in Form IPT 12.
15. Application for fixing of terms
(1) An application to have the Tribunal fix the terms of a non-exclusive licence under
section 79(5) of the Act shall be in Form IPT 13 and shall be filed with the Tribunal.
(2) The application shall set out the terms being sought and shall be accompanied by
of facts upon the other party to the licence.
(4) The other party to the licence may oppose the application by filing with the Tribunal
a counter-statement setting out fully the grounds of opposition.
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PART IV – REVOCATION OR INVALIDATION PROCEEDINGS

16. Request for revocation or invalidation
(1) A request under subsection (1) or (2) of section 103 of the Act for the revocation or
invalidation of a patent, utility model or industrial design registration shall be in Form IPT 14.
(2) The request shall be filed with the Tribunal after notice of the filing is given to the
owner of the patent, utility model or industrial design registration by serving a copy of the
request on the owner.
17. Counter-statement
(1) A period of 45 days beginning when the owner of the patent is served is prescribed,
for the purpose of section 103(5) of the Act, as the time within which a counter-statement
may be lodged.
18. Publication fee for application
Before an application is published under section 103(10) of the Act, the applicant shall
pay the publication fee.
19. Form of information under section 104(2) of the Act
The Chairman shall use Form IPT 15 to inform the Managing Director under section
104(2) of the Act.
PART V – PROCEEDINGS RELATING TO INFRINGEMENT
20. Requests under section 106 of the Act
(1) A request under section 106 of the Act shall be in form IPT 16 and shall be filed
with the Tribunal.
(2) The request shall set out the relief being sought and shall be accompanied by a
statement of the facts being relied upon.
(3) The Secretary shall serve a copy of the request and the accompanying statement
of facts upon the person against whom the relief is sought.
(4) The person against whom the relief is sought may oppose the request by filing with
the Tribunal a counter-statement setting out fully the grounds of opposition.
(6) The counter-statement shall be filed within 45 days after the request is served.
(7) The Secretary shall serve a copy of the counter-statement upon the person who
made the request.
(8) If a counter-statement includes a request under section 103 of the Act the Tribunal
shall, at the request of a party, give directions with respect to the procedure to be followed.
21. Requests under section 107(1) of the Act
(1) A request under section 107(1) of the Act shall be in Form IPT 17 and shall be filed
with the Tribunal.
(2) The request shall set out the declaration being sought and shall be accompanied by
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of facts upon the owner of the patent or registered utility model or industrial design and any
licensee.
(4) The owner or a licensee may oppose the request by filing with the Tribunal a counter-
made the request.
22. Requests under section 108(1) of the Act
(1) A request under section 108(1) of the Act shall be in Form IPT 18 and shall be filed
with the Tribunal.
(2) The request shall set out the relief being sought and shall be accompanied by a
statement of the facts being relied upon.
of facts upon the person threatening infringement proceedings.
(4) The person threatening infringement proceedings may oppose the request by filing
with the Tribunal a counter-statement setting out fully the grounds of opposition.
made the request.
PART VI – GENERAL RULES APPLICABLE TO ALL PROCEEDINGS
23. Frivolous or vexatious proceedings
If a notice of appeal, application or request discloses no reasonable grounds and it
appears to the Tribunal that it is frivolous or vexatious, the Tribunal may dismiss the appeal,
application or request without a hearing.
24. Evidence
(1) This rule applies with respect to evidence in an appeal, application or request to
the Tribunal.
(2) The person initiating the proceedings shall, within 45 days after being served with a
copy of the respondent’s reply or counter-statement, file either—
(a) evidence in support of his case; or
(b) a statement that no evidence is to be adduced.
(3) The Secretary shall serve a copy of the evidence or statement filed under sub-rule
(2) upon the respondent.
(4) The respondent shall, within 45 days after being served with a copy of the evidence
or statement under sub-rule (3), file either—
(a) evidence in support of his case; or
(b) a statement that no evidence is to be adduced.
(5) The Secretary shall serve a copy of the evidence or statement filed under sub-rule
(4) upon the other parties.
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(6) The person initiating the proceedings may, within 45 days after being served with a
copy of evidence under sub-rule (5), file further evidence confined to matters strictly in reply.
(7) The Secretary shall serve a copy of evidence filed under sub-rule (6) upon the
respondent.
(8) No further evidence shall be filed except by leave or direction of the Tribunal.
(9) Evidence filed under this rule shall be filed with the Tribunal and shall be by way of
a statutory declaration or affidavit.
(10) In this rule—
“a person initiating the proceedings” means the person making the appeal,
application or request to the Tribunal;
“respondent” means the party or parties to the proceedings, other than the person
initiating the proceedings.
25. Security for costs
(1) The Tribunal may order the person making an appeal, application or request to
provide security for costs.
(2) A party may apply for an order under sub-rule (1) by filing a notice of application
with the Tribunal.
(3) The Secretary shall serve a copy of the notice of application upon the party against
whom the order is sought.
(4) The Tribunal may order that security be provided and may specify the amount of the
security and how and when it shall be provided.
(5) A party who is ordered to pay security may apply for an extension of the time within
which the security is to be given.
(6) If the Tribunal has ordered a party to provide security, the proceedings shall be stayed
until the security is provided and, if the security is not provided within the time specified, the
Tribunal may dismiss the appeal, application or request.
26. Hearings, scheduling, etc
(1) The time and place of a hearing in a proceeding shall be determined by the Secretary
in consultation with the Chairman.
(2) The Secretary shall give the parties at least fourteen days notice of a hearing.
(3) The Chairman may allow less than fourteen days notice to be given under sub-rule
(2).
(4) The hearing shall be held in Nairobi unless the Tribunal directs otherwise under sub-
rule (5).
(5) The Tribunal may, on the application of a party and after giving the other parties an
opportunity to be heard, direct that a hearing be held at a place that is not in Nairobi.
(6) An application for a direction under sub-rule (5) shall be filed with the Tribunal at
least fourteen days before the hearing is scheduled to be held.
(7) In making a direction under sub-rule (5), the Tribunal may also give such directions
with respect to notice and costs as it deems fit.
(8) A hearing may be adjourned by the Tribunal on such terms as the Tribunal deems fit.
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27. Hearings, particular provisions

The following apply with respect to a hearing before the Tribunal—
(a) at the hearing the Tribunal may allow oral evidence and shall allow the cross
examination of a person on his statutory declaration or affidavit;
(b) the Tribunal may, on such terms as it may specify, allow a document to be
amended or a procedural irregularity to be rectified;
(c) the Tribunal may, on such terms as it may specify, dispense with or modify any
requirement to do anything, including a requirement to provide a document,
and
(d) the Tribunal may require a party to pay all or part of the costs of another party
and specify how the costs are to be determined and how they are to be paid.
28. Witness allowances
(1) A witness before the Tribunal shall be entitled to such allowances for food,
accommodation and other incidental expenses as the Tribunal may direct.
(2) The allowances of a witness shall be paid by the party producing or summoning
the witness.
(3) If a person is a witness in more than one proceeding in the same place on the same
day, the following shall apply—
(a) the person shall be entitled only to the allowances that would be payable if
the person was a witness in a single proceeding; and
(b) the costs of the allowances shall be shared equally among the parties
producing or summoning the witness in the proceedings.
(4) Sub-rules (2) and (3) do not limit the power of the Tribunal, in making an order with
respect to costs, to order another party to pay the costs of the allowances of a witness.
29. Withdrawal
(1) The person making an appeal, application or request may, at any time, withdraw the
appeal, application or request by giving notice to the Tribunal in Form IPT 19.
(2) The Secretary shall serve a copy of the notice on the other party.
(3) A party may request the Tribunal to order costs to be paid by the party withdrawing
the appeal, application or request.
30. Number of copies of documents to be signed
(1) If a person files a document with the Tribunal that is to be served on one or more
other persons, the person filing the document shall file sufficient copies so that there is one
copy for each person to be served and one copy for the Tribunal.
(2) If the document is signed, each copy required under sub-rule (1) shall be signed.
31. Documents in English
(1) Documents provided to the Tribunal shall be in English.
(2) Notwithstanding sub-rule (1), a document that is not in English may be included as
an exhibit to a statutory declaration or affidavit if—
(a) an English translation of the document is also included as an exhibit to the
statutory declaration or affidavit; and
(b) the translation is certified to be an accurate translation.
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32. Rules for giving notices, etc

(1) A notice or other document that is to be served on a person may be served—
(a) by mailing or delivering the notice or document to the address of service
provided by the person;
(b) by giving the notice or document personally to the person or by mailing
or delivering the notice or document to the person’s residence or place of
business or employment; or
(c) by giving the notice or document personally to the person’s agent or by mailing
or delivering the notice or document to the agent’s place of business.
(2) Proof that a notice or other document was served shall be in Form IPT 20.
(3) A notice or document that is mailed shall be deemed to have been served on the
day the notice or document would be delivered in the ordinary course of post.
33. Extension of time
(1) The Tribunal may extend, on such conditions as it may specify—
(a) a time limit under these Rules; or
(b) a time limit under the Act or the Industrial Property Regulations, 2002 for
making an appeal.
(2) An application to the Tribunal for an extension of a time limit under sub-rule (1) shall
be in Form IPT 21 and shall be filed with the Tribunal.
(3) The application shall state the grounds on which the application is based and shall
be supported by a statutory declaration or affidavit.
(4) An application for an extension of a time limit may be made even though the time
limit has expired.
(5) The Secretary shall serve a copy of the application and the accompanying statutory
declaration or affidavit upon the other party to the application.
(6) The other party to the application may oppose the application by filing with the
Tribunal a counter-statement.
(8) The counter-statement shall state the grounds of opposition and shall be supported
by a statutory declaration or affidavit.
(10) The Secretary shall serve a copy of the counter-statement and the accompanying
statutory declaration or affidavit upon the applicant.
(11) Rule 24 does not apply with respect to an application for an extension of a time
limit under sub-rule (1).
34. Signing of forms on behalf of certain bodies
(1) A form that is required to be signed on behalf of a corporation shall, unless it is signed
by an agent, be signed by a director of the corporation or the secretary of the corporation.
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(2) The following apply if a form is required to be signed on behalf of a partnership—

(a) unless the form is signed by an agent, the form shall be signed by a partner
or by a person who satisfies the Tribunal that the person is authorised by the
partnership to sign on its behalf; and
(b) the form shall set out the names of the partners in full.
35. Statutory declarations and affidavits
The following apply with respect to a statutory declaration or affidavit under these Rules
—
(a) the statutory declaration or affidavit shall have a heading indicating the matter
or matters to which it relates;
(b) the statutory declaration or affidavit shall be divided into consecutively
numbered paragraphs, each of which shall, if possible, be confined to a single
subject-matter; and
(c) the statutory declaration or affidavit shall fully identify the person making it
and shall set out where the person resides.
36. Application for order under section 114(1) of the Act
(1) An application for an order under section 114(1) of the Act shall be in Form IPT 22
and shall be filed with the Tribunal.
(2) The application shall set out the order being sought and shall be accompanied by a
statutory declaration or affidavit setting out the facts being relied upon.
(3) Rules 23 to 30 do not apply with respect to an application described in sub-rule (1).
37. Directions with respect to procedure
(1) The Tribunal may give directions with respect to the procedure to be followed in
any proceedings, including directions with respect to the form to be used where no form is
otherwise provided for under these Rules.
(2) No direction may be inconsistent with any provision of the Act or these Rules.
PART VII – MISCELLANEOUS PROVISIONS
38. Application to fix remuneration under section 32(4) of the Act
(1) An application to have the Tribunal fix remuneration under section 32(4) of the Act
shall be in Form IPT 23 and shall be filed with the Tribunal.
(2) The application shall set out the remuneration being sought and shall be
accompanied by a statement of the facts being relied upon.
of facts upon the other party.
(4) The other party may oppose the application by filing with the Tribunal a counter-
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39. Reference under section 118 of the Act

(1) A reference of a matter by the Managing Director to the Tribunal under section 118(1)
of the Act shall be in Form IPT 24 and shall be filed with the Tribunal.
(2) A reference shall be accompanied by a statement setting out the facts of the matter
and the directions being sought.
(3) A party may reply to the reference by filing a reply with the Tribunal.
(4) The reply shall be in Form IPT 6.
(5) The reply shall be filed within 45 days after notice of the reference is served on the
party under section 118(1) of the Act.
(6) The Secretary shall serve a copy of the reply on the Managing Director and the
other parties.
40. Form for appointment of assessors
An appointment of an assessor under section 116 of the Act shall be in Form IPT 25.
41. Representation by agent
(1) A person may be represented before the Tribunal by an agent in respect of a matter
if—
(a) an appointment of the agent in respect of the matter has been filed with the
Tribunal; and
(b) the agent is an advocate.
(2) An appointment of an agent shall be in Form IPT 26.
42. Copies of documents
A person who wishes to obtain a copy of a document kept by the Tribunal shall use
Form IPT 27.
43. Transition matters before the Tribunal
(1) In this rule—
“former Act” means the Industrial Property Act (Cap. 509) repealed by section
121(1) of the Industrial Property Act, 2001;
“former Tribunal” means the Industrial Property Tribunal under the former Act.
(2) The following apply with respect to a matter still before the former Tribunal at the
time the former Act was repealed—
(a) the matter shall be continued before the Tribunal; and
(b) the procedure under the Act and these Rules shall apply with necessary
modifications and with such other modifications as the Tribunal may direct.
(3) The following apply with respect to a matter that, under the former Act, could have
been brought before the former Tribunal before the repeal of the former Act—
(a) the matter may be brought before the Tribunal subject to any limitations under
the former Act; and
(b) the procedure under the Act and these Rules shall apply with necessary
modifications and with such other modifications as the Tribunal may direct.
(4) The application of this rule is subject to paragraph 2(e) of the Second Schedule to
the Act.
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(5) This rule shall not apply to shorten any time limit for doing anything if the time limit
has already started to run before these Rules come into operation.
44. Former rules repealed
The Industrial Property Tribunal Rules, 1998 are repealed.
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SCHEDULES
FIRST SCHEDULE
FORM IPT 1
(Rule 3)
[Rule 5(3)(a).]
INDUSTRIAL PROPERTY ACT, 2001
To: The Secretary

Industrial Property Tribunal
NOTICE OF AN APPEAL UNDER SECTION 27(7) OF THE ACT
This is a notice of appeal to the Industrial Property Tribunal

Name and address for service of appellant:
Decision appealed against:
If only part of the decision is appealed against , description of that part of the decision:
Grounds of the appeal:
Order or other relief sought:
Names and addresses or other parties to the appeal:
Signature of appellant or agent: .........................................................

Date: ...........................................................
FORM IPT 2
(Rule 5(3)(b))
To: The Secretary

NOTICE OF AN APPEAL FROM A DECISION OF THE

MANAGING DIRECTOR UNDER SECTION 71 OF THE ACT
Names and address for service of appellant:
Decision appealed against:
If only part of the decision is appealed against, description of that part of the decision:
Names and addresses of other parties to the appeal:

Date: ...........................................................
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FORM IPT 3
(Rule 5(3)(c))
MINISTER UNDER SECTION 80(11) OF THE ACT
This notice of appeal to the Industrial Property Tribunal
Decision appeared against:
If only part of the decision is appealed against, description of that part of the decision
Date: ...........................................................
FORM IPT 4
(Rule 5(3)(d))
ARBITRATION BOARD UNDER SECTION 101(3) OF THE ACT
Date: ...........................................................
FORM IPT 5
(Rule 5(3)(e))
To: The Secretary
NOTICE OF AN APPEAL FROM A DECISION OF THE MANAGING
DIRECTOR (OTHER THAN A DECISION UNDER SECTION 71 OF THE ACT)
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Date: ...........................................................
FORM IPT 6
[Rule 9(2), 10(5), 12(5), 13(5), 15(5), 17(2), 20(5), 21(5), 22(5), 33(7), 38(5), 39(4).]
To: The Secretary

REPLY/COUNTER-STATEMENT
In the matter of
This is a reply/counter-statement to the appeal, appreciation or request described above.
Name and address for service of person filing the reply/counter-statement:
Grounds of opposition:
Signature of person filing reply/counter-statement or agent: .......................

Date: ...........................................................
FORM IPT 7
(Rule 10(1))
To: The Secretary
APPLICATION FOR AN ORDER OF THE TRIBUNAL UNDER SECTION 66 OF THE ACT
This is an application for an order of the Tribunal under 66 of the Act.
Name and address for service of applicant:
Description of licence contract with respect to which the application relates:
Description of patent application or patent referred to in licence contract:
I, the applicant declare that (tick the relevant box):
The application has been withdrawn; #
The application has been finally rejected; or #
The patient has been finally revoked or declared invalid. #
Order sought:
Name and address of person against whom order is sought:
A statement of the facts relied upon is attached.
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Signature of applicant or agent: .........................................................

Date: ...........................................................
FORM IPT 8
(Rule 11(2))
To: The Secretary
APPLICATION FOR A COMPULSORY LICENCE UNDER SECTION 72(1) OF THE ACT
OR REQUEST FOR A COMPULSORY LICENCE UNDER SECTION 73(1) OF THE ACT
This is (tick the relevant box): □
An application for a compulsory licence under section 72(1) of the Act: □
a request for a compulsory licence under section 73(1) of the Act: □
Name and address for service of applicant or requester:
Description of patent application under which the compulsory licence is sought:
Relief sought:
A statement of the facts relied upon and supporting evidence, by way of a statutory
declaration of affidavit, is attached.
Signature of applicant or requester or agent: .........................................................
Date: ...........................................................
FORM IPT 9
(Rule 11(7))
To: The Secretary
REPLY TO AN APPLICATION FOR A COMPULSORY LICENCE

UNDER SECTION 72(1) OF THE ACT OR REQUEST FOR A
COMPULSORY LICENCE UNDER SECTION 73(1) OF THE ACT
In the matter of
This is a reply to the application or request for a compulsory licence described above.
Name and address for service of person filing the reply:
A statement of the facts relied upon and supporting evidence, by way of a statutory
declaration of affidavit, is attached.
Signature of person filing reply or agent: .........................................................
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Date: ...........................................................
FORM IPT 10
(Rule 12(1))
To: The Secretary
APPLICATION FOR CANCELLATION OF A COMPULSORY

LICENCE UNDER SECTION 77(1) OR (2) OF THE ACT
This is an application for the cancellation of a compulsory licence under (tick the relevant
box):
Section 77(1) of the Act:
Section 77(2) of the Act:
Licence for which application is made for cancellation:
Date of issue of licence:
Patent number:
Name and addresses of other parties:

Date: ...........................................................
FORM IPT 11
(Rule 13(1))
To: The Secretary

APPLICATION FOR VARIATION OF TERMS OF A

COMPULSORY LICENCE UNDER SECTION 77(3) OF THE ACT
This is an application for the cancellation of a compulsory licence under (tick the relevant
box):
Licence for which application is made for variation of terms:
Date of issue of licence:
Patent number:
Variation of terms being sought:
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Grounds on which the application is based:


Date: ...........................................................
FORM IPT 12
(Rule 14)
To: The Managing Director
Kenya Industrial Property Institute
INSTRUCTION UNDER SECTION 78 OF THE ACT TO

RECORD A GRANT, CANCELLATION OR VARIATION
The Industrial Property Tribunal has granted, cancelled or varied the terms of a
compulsory licence.
The specifics of the grant, cancellation or variation are set out in the attached document.
The Tribunal hereby instructs you to record the appropriate particulars in the patient
register upon a petition for registration being made under section 78 of the Act by one of
the parties to the contract.
Signature of Chairman of Tribunal: ..........................................................

Date: ................................................................................
FORM IPT 13
(Rule 15(1))
To: The Secretary
APPLICATION FOR FIXING TERMS OF A NON-

EXCLUSIVE LICENCE UNDER SECTION 79(5) OF THE ACT
This is an application to have the Tribunal fix the terms of a non-exclusive licence under
section 79(5) of the Act.
Name and addresses for service of applicant:
Patent to which application relates:
Patent number:
Terms being sought:
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Signature of applicant or agent: ..........................................................

Date: ................................................................................
FORM IPT 14
(Rule 16(1))
To: The Secretary
REQUEST UNDER SECTION 103(1) OR (2) OF THE ACT
FOR REVOCATION OR INVALIDATION OF A PATENT OR
UTILITY MODEL OR INDUSTRIAL DESIGN REGISTRATION
This is a request for the revocation or invalidation of a patent or utility model or industrial
design registration on under section 103(1) or (2) of the Act.
If this request is made in an existing proceeding, set out a description of the proceeding:
Name and address for service of requester:
Patent or utility or industrial design registration for which revocation or invalidation is
requested:
Date of issue of patent or registration:
Patent or registration number:
Grounds on which the request if based:
Names and addresses of other parties:
The following are attached as required under section 103(4)(b) of the Act:
1. a statement setting out particulars of the facts alleged in support of the grounds; and
2. proof of service, on the owner of the patent, of notice of filing of this request.

Date: ................................................................................
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FORM IPT 15
(Rule 19)
To: The Managing Director
Kenya Industrial Property Tribunal
INFORMATION, UNDER SECTION 104(2) OF THE ACT, OF TRIBUNAL DECISION
I hereby inform you, under section 104(2) of the Act, of the decision of the Tribunal, set
out in the attached document. The decision is no longer subject to appeal.
Section 104(2) of the Act requires you to register and publish this decision.
Signature of Chairman of Tribunal: ..........................................................
Date: ................................................................................
FORM IPT 16
(Rule 20(1))
To: The Secretary
REQUEST UNDER SECTION 106 OF THE ACT
This is a request under section 106 of the Act.

Patent registered utility model or industrial design which requester owns and in respect of
which relief is sought:
Date of issue:
Relief sought:
Names and addresses of person against whom relief is sought.
Date: ................................................................................
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FORM IPT 17
(Rule 21(1))
To: The Secretary
REQUEST UNDER SECTION 107 (1) OF THE ACT

FOR A DECLARATION OF NON-INFRINGEMENT
This is a request under section 107(1) of the Act for a declaration that the performance
of a specific act does not infringe a patent or registered utility model or industrial design.
Date of issue:
Declaration sought:
Names and addresses of owner of patent or registered utility model or industrial design
and any licensees:

Date: ................................................................................
FORM IPT 18
(Rule 22(1))

To: The Secretary
REQUEST UNDER SECTION 108 (1) OF THE ACT

FOR A DECLARATION OF NON-INFRINGEMENT
This is a request under section 108(1) of the Act for an injunction and damages relating
to threats of infringement proceedings.
Date of issue:
Relief sought:
Names and address of person threatening infringement proceedings:
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Signature of requester or agent: ..........................................................

Date: ................................................................................
FORM IPT 19
(Rule 29(1))
To: The Secretary
NOTICE OF A WITHDRAWAL OF AN APPEAL, APPLICATION OR REQUEST
In the Matter of
This is a notice that the appeal, application or request described above is being
withdrawn.
Name and address for service of person who made the appeal, application or request
being withdrawn:
Names and address for service of other party:

Signature of requester or agent: .............................................
Date: ...............................................................
FORM IPT 20
(Rule 32(2))
To: The Secretary
PROOF OF SERVICE
I.............................. of ................. hereby certify that at (see note 1) .................
on the ................... day of ......................, 20........... at .................. o’clock in
the ..........................., I served the documents, copies of which are attached, on ................
by (see note 2) ...... Dated at ........................... this ...................... day of .....................,
20 .................
Signature (see note 3): ................................................
Notes:
1. State precisely where service was effected.
2. Describe the method of service used.
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3. To be signed by the person effecting service.
FORM IPT 21
(Rule 33(2))
To: The Secretary

APPLICATION FOR EXTENSION OF TIME LIMIT
This is an application for an extension of a time limit.

Name and address for service of applicant;
Description of the matter with respect to which the time limit relates:
Extension sought:
Grounds on which the application is based:
A statutory declaration of affidavit supporting this application is attached.
Signature of applicant or agent: ......................................

Date: ................................................................................
.........................................................................................
Extension granted:
.........................................................................................
.........................................................................................
Signature of Secretary of Tribunal: ...................................
Date: ...................................................................................
FORM IPT 22
(Rule 36(1))

To: The Secretary
APPLICATION FOR AN ORDER UNDER SECTION 114(1) OF THE ACT

In the Matter of
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This is an application for an order under section 114(1) of the Act.

Order sought:
Name and addresses for service of other parties:
A statutory declaration of affidavit supporting this application is attached.
Signature of applicant or agent: ......................................

Date: ................................................................................
FORM IPT 23
(Rule 38(1))
To: The Secretary

APPLICATION TO HAVE EMPLOYEE’S REMUNERATION FOR INVENTION FIXED
This is an application to have the Tribunal fix remuneration under section 32(4) of the Act.
Patent to which application relates:
Patent number:
Remuneration being sought:
Name and addresses for service of other parties:

Date: ................................................................................
FORM IPT 24
(Rule 39(1))
To: The Secretary
REFERENCE OF A MATTER BY THE MANAGING

DIRECTOR UNDER SECTION 118(1) OF THE ACT
This is a reference of a matter by the Managing Director to the Tribunal under section
118(1) of the Act.
Description of the matter being referred and directions sought:
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Signature of Managing Director: ..........................................................

Date: ................................................................................
FORM IPT 25
(Rule 40)
APPOINTMENT OF AN ASSESSOR UNDER SECTION 116 OF THE ACT
I hereby appoint .................., under section 116 of the Act, to act as an assessor in an
advisory capacity in the following case:
............................................................................................................
............................................................................................................
............................................................................................................
Signature of Chairman of Tribunal: ...................................................
Date: ...................................................................................................
FORM IPT 26
(Rule 41(2))
To: The Secretary
APPOINTMENT OF AN AGENT
Name and addresses of other person appointing agent:
Name and address of agent:
Matter in respect of which agent is appointed:
I/We, the person(s) identified above, have appointed the above agent to act on my/our
behalf in the matter described above and request that all communications relating thereto
be sent to the agent at his address given above.
I/We revoke all previous appointments in respect of the same matter.
Signature of person appointing agent: ...............................................

Date: ...................................................................................................
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FORM IPT 27
(Rule 42)
To: The Secretary
ORDER FOR COPY OF DOCUMENT

Name and address of person seeking copy:
I wish to obtain a copy of a document of the following type (tick the relevant box):
a judgment or order of the Tribunal or other document used in a proceeding before the
Tribunal □
another document □
Description of document: □
I wish to have the copy of the document certified (tick the relevant box):
Yes □
No □
Signature of person seeking copy: ..................................................

Date: .................................................................................................
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SECOND SCHEDULE
[Rule 4.]
FEES
Notes:
1. A foreign fee is payable 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.
Description of fee Local Fee KSh Foreign Fee Corresponding
US$ Form
1. Fee for appeal 5,000 150 1
under section 27(7) of
the Act
under section 71 of
the Act
under section 80(11)
of the Act
of the Act
5. Fee for any 15,000 400 5
other appeal from
a decision of the
Managing Director
6. Fee for filing a reply 6
or counter-statement
(other than a reply
described in Item 10)
For a counter- 2,000 50 6
statement to an
application to extent a
time limit
For other reply or 10,000 300 7
counter–statement
7. Fee for application 15,000 400 8
for order under
section 66 of the Act
8. Fee for application 15,000 400 N/A
under section 72(1)
of the Act or request
the Act
9. Publication fee (see 3,000 50 9
rule 11(6), 18)
10. Fee for reply to 15,000 400 10
application under
section 72(1) of the
Act or request under
Act
for cancellation of a
compulsory licence
under section 77(1) or
(2) of the Act.
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for variation of terms
of a compulsory
licence under section
77(3) of the Act.
13. Fee for application 12,000 3,000 14
for fixing of terms
the Act
14. Fee for request 15,000 400 16
or (2) of the Act
15. Fee for request 15,000 400 17
under section 105 of
the Act
16. Fee for request 15,000 400 18
of the Act
17. Fee for request 15,000 400 19
of the Act
18. Fee for withdrawal 1,000 50 21
of appeal, application
or request
to extend time limit
for order under
Act
21. Fee for application 8,000 200
to fix remuneration
the Act
22. Fee for reference 10,000 - 24
of the Act
23. Fee for 1,000 50 26
appointment or agent
24. Fee for copies 27
For judgments, orders 20 5
or other documents
used in a proceeding
before the tribunal,
per page:
For other documents, 500 10
per document:
Additional fee for 1,000 50
certification, per
document
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INDUSTRIAL PROPERTY REGULATIONS, 2002

ARRANGEMENT OF REGULATIONS
Regulation
1. Citation and commencement.
2. Forms.
3. Fees.
PART II – ADMINISTRATION
4. Training, competitions and awards.
5. Client deposit accounts.
6. Office hours of the Institute.
7. Publications of the Institute.
8. Appointment of advisors, etc.
PART III – PATENTS: PATENTABILITY
9. Certain notices, etc., in writing.
10. Request for authority.
11. Patents relating to living matter.
PART IV – APPLICATION, GRANT AND REFUSAL OF PATENT
12. Request.
13. Description.
14. Claims.
15. Drawings.
16. Abstract.
17. General requirements.
18. Provisional specification.
19. Unity of invention.
20. Amendment or division.
21. Declaration claiming priority.
22. Waiver of fees.
23. Withdrawal of application.
24. Filing date and examination.
25. Publication of application.
26. Confidentiality of application before publication.
27. International-type search.
28. Examination as to substance.
29. Grant of patent.
30. Register of patents.
PART V – INTERNATIONAL AND REGIONAL APPLICATIONS
31. Filing requirements for international or regional application.
32. Entry of international application to national phase.
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Regulation
33. Conversion of refused international application.
34. Conversion of refused regional application.
35. Publication of certain international and regional applications.
PART VI – RIGHTS AND OBLIGATIONS OF THE
APPLICANT OR THE OWNER OF THE INVENTION
36. Clarification of application to new use.
37. “Parallel importation”.
PART VII – ANNUAL FEES
38. Annual fees.
PART VIII – CHANGE IN OWNERSHIP
39. Change of ownership of application or patent section 62 of the Act.
PART IX – CONTRACTUAL LICENCES
40. Petition to register licence contracts.
41. Registration of contracts.
42. Licences as of right.
PART X – EXPLOITATION BY GOVERNMENT
43. Exploitation by Government.
PART XI – UTILITY MODELS
44. Application of Regulations to utility models.
PART XII – INDUSTRIAL DESIGNS
45. Register of industrial designs.
46. Copyrighted designs not registrable.
47. Application.
48. Publication of application.
49. Procedure if opposition to application.
50. Procedure if no opposition to application.
51. Registration of industrial design.
52. Duration and renewal of registration.
53. Restoration of lapsed right.
54. Request to examine representations, etc.
55. Publication relating to registration.
56. Application of regulations under.
PART XIII – REGISTRATION OF TECHNOVATION CERTIFICATES
57. Form of certificate.
58. Register of technovation certificates.
59. Application for registration.
60. Certificate of registration.
PART XIV – SURRENDER
61. Surrender.
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PART XV – AGENTS
Regulation
62. Representation by agent.
63. Admission to practice as agent.
64. Annual fees for admitted persons.
65. Advocates Act restrictions preserved.
66. Revocation of admission to practice.
67. Offence acting as agent without admission.
PART XVI – GENERAL AND MISCELLANEOUS PROVISIONS
68. Copies of documents.
69. Copy of lost or destroyed certificate.
70. Request for a search.
71. Request to amend a name, etc., in a register.
72. Caution or notice in a register.
74. Opportunity to be heard.
75. Hearings, particular provisions.
76. Extensions of time.
77. Signing of forms on behalf of certain bodies.
78. Statutory declarations and affidavits.
79. Documents in English or translated.
80. Repeal of former regulations.
SCHEDULES
FIRST SCHEDULE — FORMS
SECOND SCHEDULE — FEES
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INDUSTRIAL PROPERTY REGULATIONS, 2002

[L.N. 50/2002.]
1. Citation and commencement
These Regulations may be cited as the Industrial Property Regulations, 2002 and shall
come into operation on the 1st May, 2002.
2. Forms
The forms referred to in these Regulations are the forms set out in the First Schedule.
3. Fees
(1) The fees set out in the Second Schedule shall be the prescribed fees for the purposes
of these Regulations.
(2) If, for a fee, a corresponding form is referred to in the Second Schedule, the fee is
payable when the form is used, unless the Act or these Regulations provide for the fee to
be payable at another time.
(3) A fee paid in error may be refunded.
PART II – ADMINISTRATION
4. Training, competitions and awards
In carrying out its functions under paragraphs (c) and (d) of section 5 of the Act, the
Institute shall—
(a) organise and conduct training relating to industrial property matters at all
levels in Kenya, in collaboration or association with other relevant institutions,
if necessary; and
(b) organise competitions and contests and award trophies and awards.
5. Client deposit accounts
(1) The Institute shall have one or more separate banking accounts for funds that the
Institute receives to be held temporarily for other persons.
(2) All funds described in paragraph (1) shall be paid into an account required under
that subregulation.
6. Office hours of the Institute
The offices of the Institute and the records and documents kept by the Managing Director
shall be open to the public each day, other than on a Saturday, Sunday or public holiday,
from 9 a.m. to 1 p.m. and from 2 p.m. to 4 p.m.
7. Publications of the Institute
(1) This regulation applies with respect to publications of the Institute.
(2) The Institute shall publish a journal to be called “The Industrial Property Journal”.
(3) Unless the Managing Director otherwise directs, the Industrial Property Journal shall
be published monthly.
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(4) The Institute shall publish, from time to time, reports of cases relating to industrial
property rights including decisions by the Tribunal or a court or other body, whether in Kenya
or elsewhere.
(5) The Institute may publish such other documents as it considers appropriate.
(6) The Institute may provide for the sale of any of its publications.
8. Appointment of advisors, etc
(1) The Managing Director may appoint a person to act as an advisor in relation to a
proceeding or to perform any other function specified by the Managing Director.
(2) Paragraph (1) does not authorize the Managing Director to make an appointment
that the Board is authorised to make under section 12 of the Act.
PART III – PATENTS: PATENTABILITY
9. Certain notices, etc., in writing
The following shall be in writing—
(a) a notification or notice under section 27 of the Act;
(b) directions or instructions under section 27 of the Act; and
(c) the report referred to in section 27(5)(b) of the Act.
10. Request for authority
A request for written authority referred to in section 28(1) of the Act shall be in Form IP 1.
11. Patents relating to living matter
(1) This regulation applies with respect to section 29 of the Act.
(2) The following are depository institutions for the purposes of section 29(1)(a) of the
Act—
(a) the Kenya Agricultural Research Institute; and
(b) the Kenya Medical Research Institute.
(3) The Managing Director shall, on request, issue a certificate certifying that a person
has a right to inspect the files for the purposes of section 29(3) of the Act if the Managing
Director is satisfied that the person has such a right.
(4) A request for a certificate under paragraph (3) shall be in Form IP 2.
(5) A person to whom a deposited culture is made available under section 29(3) of the
Act shall not do any of the following until the application is refused or withdrawn or, if a patent
is granted, until after the patent ceases to have effect—
(a) make the culture available to any other person; or
(b) use the culture other than for experimental purposes.
(6) Paragraph (5)(b) does not apply with respect to anything done for the service of the
Government by the Government or a person authorized in writing by the Government.
(7) A person who contravenes paragraph (5) is guilty of an offence and is liable, on
conviction, to a fine not exceeding six thousand shillings or, to imprisonment for a term not
exceeding six months or to both.
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PART IV – APPLICATION, GRANT AND REFUSAL OF PATENT

12. Request
(1) This regulation applies with respect to a request referred to in section 34(1)(a) of
the Act.
(2) The request shall be in Form IP 3.
(3) The following data concerning the applicant, inventor or agent is prescribed for the
purposes of section 34(3) of the Act—
(a) for the applicant, the applicant, the applicant’s name, address, nationality and
country of residence;
(b) for the inventor, the inventor’s name and address; and
(c) for the agent, the agent’s name and address.
(4) If there is more than one applicant, the request shall set out, in addition to an address
for each applicant, a single address at which all the applicants can be contacted.
(5) The following apply with respect to names of persons set out in the request—
(a) if the person is a natural person, the person’s family name shall be set out
first followed by the given names; and
(b) if the person is not a natural person, the full name of the person shall be set
out.
(6) The following apply with respect to addresses of persons set out in the request—
(a) the address shall be sufficient to allow prompt postal delivery; and
(b) only one address shall be set out for each person, except as required under
paragraph (4).
(7) The title of the invention, required under section 34(3) of the Act, shall be short and
precise.
(8) The statement justifying the applicant’s right to the patent, required under section 34
(3) of the Act if the applicant is not the inventor, shall be in Form IP 4.
(9) The request shall be accompanied by an extra copy of the statement referred to in
subregulation (8) for the inventor, or if.
(10) The request shall not include anything that is not provided for in Form IP 3 or that
is not required or allowed under the Act or these Regulations.
(11) The Managing Director shall require the applicant to delete anything included
contrary to subregulation (10).
13. Description
(1) This regulation applies with respect to a description referred to in section 34(1)(b)
of the Act.
(2) In addition to the requirements under section 34(5) of the Act, the description shall—
(a) state the title of the invention;
(b) specify the technical field to which the invention relates;
(c) indicate the background art which, as far as it is known to the applicant, can
be regarded as useful for the understanding, searching and examination of
the invention; and
(d) indicate how the invention is industrially applicable.
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14. Claims
(1) This regulation applies with respect to claims referred to in section 34(1)(c) of the Act.
(2) In defining, under section 34(6) of the Act, the matter for which protection is sought,
a claim shall set out—
(a) the technical features that are necessary to define the subject matter of the
invention but that are part of the prior art; and
(b) the technical features that, in combination with the features referred to in
subparagraph (a), define that for which protection is sought.
(3) The features set out in the claim under paragraph (2)(b) shall be preceded by the
words “characterized in that”, “characterized by”, “wherein the improvement comprises” or
any other words to the same effect.
(4) A technical feature set out in a claim shall not rely on a reference to the description
or drawings but a reference to a feature may be included in parentheses if the intelligibility
of the claim can be increased by doing so.
(5) The reference to a feature included under paragraph (4) shall be deemed to be
included only for convenience.
(6) A claim shall not include a drawing.
(7) If more than one claim is included in the application, the claims shall be numbered
consecutively in Arabic numerals.
(8) An application may include two or more independent claims if each independent
claim relates to a single product or a single process.
(9) An application may include a claim stating the essential technical features of an
invention with one or more following claims setting out particular embodiments of the
invention.
(10) The following apply to claims described in paragraph (9)—
(a) the claims setting out particular embodiments of the invention shall include a
reference to the claim stating the essential technical features of the invention;
(b) the claims setting out particular embodiments of the invention shall state the
features that it is desired that those claims protect; and
(c) the claims shall be grouped together to the extent possible and in the most
appropriate way.
(11) If more than ten claims are included in the application, the application fee shall be
increased by the excess claims fee payable for each of the claims in excess of ten.
15. Drawings
(1) This regulation applies with respect to drawings referred to in section 34(1)(d) of
the Act.
(2) The sheets of paper that drawings appear on shall comply with the following—
(a) the minimum margins shall be as follows—
(i) top margin, 2.5 centimetres;
(ii) left margin, 2.5 centimetres;
(iii) right margin, 1.5 centimetres; and
(iv) bottom margin, 1.0 centimetres;
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(b) the area within the margins shall not exceed 26.2 centimetres by 17
centimetres; and
(c) there shall not be a frame around the area of the sheet that is used or useable.
(3) The drawings shall comply with the following—
(a) the drawings shall not be coloured;
(b) the lines of the drawings shall be black, durable, uniformly thick and well-
defined and shall be drawn with the aid of drafting instruments;
(c) the drawings, including their scale and the distinctness of their lines, shall be
such that all details can be distinguished without difficulty when the drawings
are reproduced photographically at two-thirds their actual size;
(d) if the scale is given on a drawing, it shall be given graphically;
(e) cross sections shall be indicated by hatching that does not impede the clear
reading of the reference signs and reading lines;
(f) all numbers, letters and other references signs shall be at least. 32
centimetres high and shall be circled or within brackets or inverted commas;
(g) if the drawings show a feature mentioned in the description, that feature shall
be denoted in the drawings by a reference sign and that reference sign shall
be used throughout the application to denote that feature;
(h) except as required under paragraph (g), no feature shall be denoted in the
drawings by a reference sign;
(i) the lettering on drawings shall use the Latin alphabet or, where customary,
the Greek alphabet;
(j) the different figures in the drawings shall be numbered consecutively in Arabic
numerals independently of the numbering of the sheets on which the drawings
appear; and
(k) the drawings shall not include text other than single words or phrases.
16. Abstract
(1) This regulation applies with respect to an abstract referred to in section 34(1)(e) of
the Act.
(2) The abstract shall include—
(a) the title of the invention; and
(b) a summary of the disclosure included in the description under section 34(5)
of the Act.
(3) The summary required under paragraph (2)(b) shall indicate the technical field to
which the invention relates and the principal use or uses of the invention.
(4) The abstract shall be drafted in a way that it can be used efficiently for searching in
the relevant technical field and so that it is possible for a reader to assess, from the abstract,
whether the description should be consulted.
(5) The abstract shall not include statements about the merits or value of the invention
or about uses that are speculative.
(6) If applicable, the abstract shall include the formula that best characterizes the
invention.
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(7) The abstract shall not include a drawing, but if the application includes drawings—
(a) the applicant shall indicate which drawing the applicant suggests should
accompany the publication of the abstract; and
(b) a feature referred to in the abstract shall, if the feature is illustrated in a
drawing, be followed, in the abstract, by the reference sign used in the
drawing.
(8) Unless it is impractical, the abstract shall not contain more than one hundred and
fifty words.
17. General requirements
(1) This regulation sets out general requirements for an application under section 34
of the Act.
(2) All parts of the application shall be in English.
(3) All pages of the application shall be on durable white paper with a matt finish of the
size known as A4 paper (29.7 centimetres by 21 centimetres).
(4) Each page of the application shall be oriented with the short side at the top.
(5) Each page of the application, other than the request and the drawings, shall have
margins as follows—
(a) top margin, 2.0 centimetres;
(b) left margin, 2.5 centimetres;
(c) right margin, 2.0 centimetres; and
(d) bottom margin, 2.0 centimetres.
(6) The margins shall be completely blank.
(7) Only one side of each page of the application, other than the request, shall be used.
(8) The pages of the application shall be bound so that they can be easily separated
and rejoined.
(9) The pages of the application shall be free of cracks, creases and folds.
(10) Each of the following shall start on a new page—
(a) the request;
(b) the description;
(c) the claim or claims;
(d) the drawing or drawings; and
(e) the abstract.
(11) The application shall be in triplicate.
(12) Each of the following shall be numbered as a separate series, using Arabic
numerals with the numbers centred at the top of the sheets but not in the top margin—
(a) the request;
(b) the description, claims and abstract; and
(c) the drawings.
(13) Every fifth line of the description and the claims shall be numbered with the number
appearing to the left of the line but not in the margin.
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(14) All parts of the application, other than the drawings and the request, shall be typed
or printed rather than hand-written and the following apply to the appearance of the text—
(a) the text shall be dark and indelible;
(b) the line spacing of the text shall be at least one and one half; and
(c) the capital letters shall be at least 20 centimetres high.
(15) All parts of the application must be prepared so that they are legible when they are
photocopied or otherwise reproduced.
(16) Notwithstanding paragraph (14), graphic symbols and characters, and chemical
and mathematical formulae may be hand-written but must be dark and indelible.
(17) The request may be hand-written, typed or printed but the text must be dark and
indelible.
(18) All parts of the application shall be reasonably free of over-writings, insertions
between lines, deletions or other alterations.
(19) All terms, signs and symbols used in the application shall be used consistently
throughout the application and shall be the terms, signs and symbols generally accepted
in the relevant field.
(20) If anything is expressed in units other than metric units the equivalent in metric
units shall also be given.
18. Provisional specification
(1) In this regulation, “specification” means the description, claims, drawings and
abstract.
(2) An application may be filed with a provisional specification.
(3) The following apply if an application is filed with a provisional specification—
(a) unless the applicant files a final specification within one year after the
application is filed, the application shall be deemed to have been withdrawn;
(b) the Managing Director shall take no steps with respect to the application until
the final specification is filed, except under section 41(1) to (3) of the Act;
(c) the final specification shall be filed using Form IP 3;
(d) the final specification shall not go beyond the disclosure in the provisional
specification; and
(e) the filing of the final specification shall not affect the filing date accorded under
section 41 of the Act.
19. Unity of invention
(1) For the purposes of section 35 of the Act, a group of inventions forms a single general
inventive concept if there exists between or among those inventions a technical relationship
that involves one or more of the same or corresponding special technical features.
(2) In paragraph (1), “special technical features” means those technical features that
define a contribution that each of the claimed inventions, considered as a whole, makes
over the prior art.
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20. Amendment or division

(1) This section applies with respect to an amendment or division of an application under
(2) A request for amendment or division of an application shall be in Form IP 5.
(3) If the request is to amend a name, address or other contact information, the request
shall be in Form IP 6.
(4) The Managing Director may require proof that it is appropriate to make the requested
amendment to a name, address or other contact information.
(5) The following apply with respect to an amendment—
(a) the amendment shall be in the form of a letter of explanation and pages to
replace pages of the application;
(b) the letter of explanation shall draw attention to the differences between any
new pages and the pages being replaced; and
(c) the letter of explanation shall specify any pages that are to be removed from
the application without being replaced.
(6) If an application is divided under section 36(2) of the Act—
(a) the filing date for each divisional application shall be the filing date of the initial
application;
(b) any declaration of priority in the initial application shall be deemed to be
included in each divisional application; and
(c) the applicant shall pay the application fee and any other fees payable in
respect of the additional applications resulting from the division.
21. Declaration claiming priority
(1) This regulation applies with respect to a declaration, referred to in section 37(1) of
the Act, claiming the priority, as provided for in the Paris Convention, of one or more earlier
national, regional or international applications.
(2) The declaration shall include, in respect of each earlier application—
(a) the date and number of the earlier application;
(b) the symbol of the international patent classification that was assigned to the
earlier application or, if no such symbol has been assigned, a statement of
that fact;
(c) if the earlier application was a national application, the name of the state in
which it was filed; and
(d) if the earlier application was a regional or international application, the name
of the office in which it was filed and the name of the state for which it was filed.
(3) If the number of the earlier application, as required under paragraph (2)(a), is not
known at the time of making the declaration, a statement of that fact shall be included in the
declaration and the declaration shall be amended to include the number within ninety days
after the application containing the declaration is made.
(4) A certified copy of the earlier application required by the Managing Director under
section 37(2) of the Act shall be furnished within ninety days after the requirement was made.
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(5) If it is discovered that the date given to the earlier application was incorrect, the
following apply—
(a) the Managing Director shall invite the applicant to provide the correct date;
and
(b) the Managing Director shall disregard the claim for priority unless the
applicant provides the correct date within ninety days after the date of the
invitation to provide the correct date and that correct date is within the period
of priority provided under the Paris Convention.
22. Waiver of fees
(1) This regulation applies with respect to a waiver of fees under section 39 (2) of the Act.
(2) The Board may waive fees under section 39 (2) of the Act, in whole or in part, for
a natural person who is unable to pay the fees.
(3) A request for a waiver by the Board shall be submitted to the Managing Director
in writing.
(4) The payment of any fees for which a waiver is sought shall be deferred pending the
decision by the Board.
(5) The Managing Director shall communicate the Board’s decision to the applicant and
any deferred fees that have not been waived shall be paid within 60 days after the date of
that communication.
23. Withdrawal of application
(1) A withdrawal of an application under section 40 of the Act shall be in writing.
(2) If there is more than one applicant, the application may only be withdrawn by all of
the applicants.
24. Filing date and examination
(1) This regulation prescribes the details of the requirements and procedure under
(2) The following apply with respect to an invitation referred to in section 41(2) of the
Act—
(a) the invitation shall be given within fourteen days after the Managing Director
makes the finding referred to in section 41(2) of the Act; and
(b) the invitation shall indicate that the applicant has until sixty days after the date
of the invitation to comply with the invitation.
(3) If the Managing Director determines that the applicant has not complied with an
invitation referred to in section 41(2) of the Act and, as a result, treats the application as if it
had not been filed under section 41(3) of the Act, the Managing Director shall, within fourteen
days after his determination, inform the applicant of the reasons for that determination.
(4) The following apply with respect to an invitation referred to in section 41(8) of the
Act—
(a) the invitation shall indicate that the applicant has until ninety days after the
date of the invitation to remedy the defects;
(b) the ninety day period may be extended by the Managing Director for a period
not exceeding sixty days; and
(c) a request for an extension under subparagraph (b) shall be in Form IP 7.
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(5) If the Managing Director accords a filing date to the application under section 41 of
the Act, the Managing Director shall send the applicant a certificate of filing, which shall be
a copy of the request with the filing date and number marked on it.
25. Publication of application
(1) This regulation applies with respect to the publication of a patent application under
(2) Before the patent application is published, the applicant shall pay the publication fee.
(3) The following are the particulars to be published to effect the publication of a patent
application under section 42(3) of the Act—
(a) the application number;
(b) the name and address of the applicant;
(c) the name and address of the inventor unless he has indicated that he wishes
not to be named in the application under section 33 of the Act;
(d) the name and address of the agent, if any;
(e) the filing date of the application;
(f) if priority is claimed, the priority date and the name of the state in which or for
which the earlier application was filed;
(g) the symbol of the international patent classification;
(h) the title of the invention;
(i) the abstract; and
(j) if applicable, the drawing the applicant suggested, under regulation 16(7)(a),
should accompany the publication of the abstract or, another drawing, if the
Managing Director decides it would better characterise the invention.
26. Confidentiality of application before publication
(1) The Managing Director shall ensure that information about a patent application is
kept confidential until the application is published.
(2) Paragraph (1) does not apply to the following—
(a) the application number;
(b) the name of the applicant;
(c) the filing date of the application;
(d) if priority is claimed, the priority date and the name of the state in which
or for which the earlier application was filed and the number of the earlier
application; and
(e) the title of the invention.
27. International-type search
(2) Within thirty days after receiving a report on an international-type search, the
Managing Director shall send a copy of the report to the applicant.
(3) The time limit, referred to in section 43(3) of the Act, for the applicant to furnish a
requested copy of a document, is ninety days after the date of the request.
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(4) If an applicant has a lawful reason under section 43(3) of the Act for not furnishing
a requested copy of a document, the applicant shall inform the Managing Director of that
reason within ninety days after the date of the request.
(5) If the Managing Director rejects an application under subsection (2), (3), (4) or (5)
of section 43 of the Act, the Managing Director shall, within thirty days after doing so, send
the applicant a notice of the rejection.
(6) The time limit for appealing to the Tribunal against a decision by which the Managing
Director rejects an application under subsection (2), (3), (4) or (5) of section 43 of the Act is
ninety days after the date of the notice of the rejection.
28. Examination as to substance
(2) A request for an examination of an application, submitted under section 44 (2) of
the Act, shall be in Form IP 8.
(3) If an application is withdrawn after a request for an examination has been submitted
but before the examination has begun, the fee paid with the request shall be refunded.
(4) The following are relevant documents for the purposes of section 44 (4) of the Act—
(a) the report of any search;
(b) if priority is claimed, foreign documents relating to the invention; and
(c) any other document the Managing Director considers relevant.
(5) The following apply with respect to the submission of the copy of the report of the
findings of the examination by the Managing Director to the applicant under section 44 (4)
of the Act—
(a) the Managing Director shall submit the copy within thirty days after the report
is submitted to the Managing Director; and
(b) the Managing Director shall include with the copy an explanation of whether
or not the invention is patentable.
(6) The following apply with respect to an invitation referred to in section 44 (7) of the
Act—
(a) the invitation shall indicate that the applicant has until sixty days after the date
of the invitation to remedy the defects;
(b) the sixty day period may be extended by the Managing Director for a period
not exceeding ninety days; and
(c) a request for an extension under paragraph (b) shall be in Form IP 7.
(7) A notification by the Managing Director under section 44(8) of the Act of a refusal of
a grant of a patent shall include written reasons for the refusal.
29. Grant of patent
(1) This regulation applies with respect to a patent granted under section 45 of the Act.
(2) Before a patent is granted, the applicant shall pay the grant fee.
(3) The patent shall be in Form IP 9 with a copy of the description, claims and drawings
attached.
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(4) When a patent is issued, a certificate of a grant of a patent in Form IP 10 shall also
be issued.
(5) The patent shall be published under section 45(2) of the Act by publishing the
following particulars in the Kenya Gazette or in the Industrial Property Journal—
(a) the number of the patent;
(b) the name and address of the owner of the patent;
(c) the name and address of the inventor unless he has indicated that he wishes
(d) the name and address of the agent, if any;
(e) the filing date of the application;
(f) if priority was claimed and accepted, a statement of the priority, the priority
date and the name of the state in which or for which the earlier application
was filed;
(g) the date of the grant of the patent;
(h) the symbol of the international patent classification;
(i) the title of the invention;
(j) the abstract; and
(k) if there are drawings, the most illustrative drawing.
30. Register of patents
(1) This regulation prescribes the details concerning the patent register under section
46 of the Act.
(2) The following shall be included in the patent register for each application for a patent
—
(a) the application number and the filing date of the application;
(b) the name and address of the applicant;
(c) the title of the invention;
(d) the name and address of the inventor unless he has indicated that he wishes
(e) if priority is claimed, the priority date and the name of the state in which or for
which the earlier application was filed;
(f) the date of the request for an examination submitted under section 44(2) of
the Act;
(g) the publication date of the application;
(h) the address for service of the applicant;
(i) a notice of every document effecting a change in ownership of the application
or purporting to give the application or an interest in it as security;
(j) if the applicant dies, a notice of that fact; and
(k) any other information required under the Act or these Regulations or that the
Managing Director considers appropriate.
(3) The following shall be included in the patent register for each patent—
(a) the information included, under paragraph (2), for the application for the
patent;
(b) the number of the patent;
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(c) the name and address of the owner of the patent;

(d) the date of the grant of the patent;
(e) the address for service of the owner;
(f) a notice of every document effecting a change in ownership of the patent or
purporting to give the patent or an interest in it as security;
(g) a notice of every document effecting a change in ownership of a licence or
purporting to give a licence or an interest in it as security;
(h) if the owner of the patent dies, a notice of that fact; and
(i) any other information required under the Act or these Regulations or that the
Managing Director considers appropriate.
(4) A person who wishes to obtain an extract from the patent register shall make a
request in Form IP 11 for a certified copy or in Form IP 12 for an uncertified copy.
PART V – INTERNATIONAL AND REGIONAL APPLICATIONS
31. Filing requirements for international or regional application
(1) This regulation applies with respect to the following applications—
(a) an international application filed with the Institute as the receiving office under
the Patent Co-operation Treaty; or
(b) a regional application filed with the Institute under section 2 of the ARIPO
Protocol.
(2) An application described in paragraph (1)—
(a) shall be in triplicate;
(b) shall be in English; and
(c) shall be accompanied by the transmittal fee.
32. Entry of international application to national phase
(1) An international application in which Kenya is designated shall, on request, be treated
as an application under the Act if the conditions set out in Article 22 or 39 of the Patent Co-
operation Treaty and the applicable rules under that Treaty are satisfied.
(2) A request under paragraph (1) shall be in Form IP 13.
33. Conversion of refused international application
(1) An international application in which Kenya is designated shall, on request, be treated
as an application under the Act if a refusal, declaration or finding described in Article 25 of
the Patent Co-operation Treaty was made and the refusal, declaration or finding was the
result of an error or omission on the part of the receiving Office or the International Bureau.
(2) A request under paragraph (1) shall be in Form IP 14 and shall be accompanied by
a statement of the facts upon which the applicant relies.
(3) The date of filing, for the purposes of the treatment of an international application
as a national application, shall be the date of filing of the international application under the
Patent Co-operation Treaty.
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34. Conversion of refused regional application

(1) A regional application in which Kenya is designated and that has been refused by
the Secretariat of ARIPO shall, on request, be treated as an application under the Act if the
Secretariat of ARIPO transmits to the Institute—
(a) a request made by the applicant to the Secretariat of ARIPO that the
application be treated, in Kenya, as an application under Kenyan law; and
(b) a copy of the files relating to the application.
(2) A request to have a regional application treated as an application under the Act shall
be in Form IP 15.
(3) The date of filing, for the purposes of the treatment of a regional application as a
national application, shall be the date of filing of the regional application under the ARIPO
Protocol.
35. Publication of certain international and regional applications
(1) The Managing Director shall publish—
(a) an international application in which Kenya is designated within two months
after the application enters the national phase; and
(b) a regional application in which Kenya is designated within two months after
Kenya is notified of being designated in the regional application under the
ARIPO Protocol.
(2) The publication of an application under paragraph (1) shall be in the Kenya Gazette
or in the Industrial Property Journal.
PART VI – RIGHTS AND OBLIGATIONS OF THE
APPLICANT OR THE OWNER OF THE INVENTION
36. Clarification of application to new use
For greater certainty, section 54(1)(b) of the Act applies with respect to a patent that has
been granted in respect to a new use as though the new use were a process.
37. “Parallel importation”
The limitation on the rights under a patent in section 58(2) of the Act extends to acts
in respect of articles that are imported from a country where the articles were legitimately
put on the market.
PART VII – ANNUAL FEES
38. Annual fees
(1) This regulation applies with respect to annual fees under section 61 of the Act.
(2) A fee shall be paid by submitting the fee along with Form IP 16.
(3) At least one month before a fee is due, the Managing Director shall send a reminder
that the fee is due to the applicant or the owner of the patent.
(4) A fee paid after it was due but within the grace period granted under section 61(2)
of the Act shall be paid by submitting it along with—
(a) the form required under paragraph (2); and
(b) the prescribed surcharge.
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(5) If, under section 61(3) of the Act, an application is deemed to have been withdrawn
or a patent lapses, the Managing Director shall send a notification to the persons specified
in paragraph (6), within thirty days after the application is deemed to have been withdrawn
or the patent lapses.
(6) A notification under paragraph (5) shall be sent to the following persons—
(a) the applicant or owner of the patent; and
(b) every registered licensee.
(7) The following apply with respect to a request under section 61(5) of the Act to restore
an application or patent—
(a) the request shall be in Form IP 17 and shall be accompanied by a statutory
declaration or affidavit supporting the statements made in the request;
(b) if after considering the request, the Managing Director is not satisfied that the
failure to pay the annual fee was not intended, the Managing Director shall
notify the person who made the request;
(c) the person notified under paragraph (b) may request a hearing with the
Managing Director within sixty days after the date of the notification and, if the
person does so, the Managing Director shall hear the person before finally
deciding whether or not the Managing Director is satisfied, under section 61(6)
of the Act, that the failure to pay the annual fee was not intended; and
(d) if the Director makes an order restoring the application or patent—
(i) paragraph (4) applies with respect to the payment of the annual fee
under section 61(6) of the Act; and
(ii) the Managing Director shall advertise the restoration of the application
or patent in the Kenya Gazette or in the Industrial Property Journal.
(8) If an application or patent has lapsed and the time for making a request under section
61(5) of the Act to restore the application or patent has expired without a request being
made or a request was made but was denied, the Managing Director shall, within forty-five
days after the time expired or the request was denied, notify the applicant or owner of the
lapse and draw their attention to the provisions of section 61(3) of the Act.
(9) There is no fee for the first year following the date of filing of the application.
(10) For an international application, the only annual fees that are payable are those
due after the application enters the national phase.
PART VIII – CHANGE IN OWNERSHIP
39. Change of ownership of application or patent section 62 of the Act
(2) An application to have a change of ownership recorded in the patent register shall
be in Form IP 18.
(3) An application to have a change of ownership recorded may be made by the former
owner or the new owner.
(4) A copy of the following shall accompany the application—
(a) the instrument effecting the change in ownership; or
(b) a certificate issued by a competent authority of the change in ownership.
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(5) When a change in ownership is recorded in the patent register the Managing Director
shall—
(a) issue a certificate of the registration of a change in ownership, in Form IP 19,
to the new owner; and
(b) publish, in the Kenya Gazette or in the Industrial Property Journal, the
following information—
(i) the date of the application to have the change of ownership recorded;
(ii) the name of the former owner;
(iii) the name of the new owner; and
(iv) the registration number and date of registration of the change in
ownership.
(6) The Managing Director shall ensure that the instrument described in paragraph (4)
(a), and its contents, is kept confidential except to the extent that the new owner agrees
otherwise.
(7) If the ownership of an application is changed, the new owner shall be deemed to
be the applicant.
PART IX – CONTRACTUAL LICENCES
40. Petition to register licence contracts
(1) This regulation applies with respect to petitions for registration of licence contracts
or modifications to licence contracts in the patent register under section 68 of the Act.
(2) A petition shall be in Form IP 20.
(3) The following are prescribed as documents that shall accompany the petition under
section 68(2) of the Act—
(a) the documents constituting the contract; and
(b) any documents relating to the contract that are necessary to understand or
interpret the contract.
41. Registration of contracts
(1) This regulation applies with respect to licence contracts registered under section 70
of the Act.
(2) The certificate of registration under section 70(1) of the Act shall be in Form IP 21.
(3) In addition to the information required under section 70(5) of the Act, the following
shall be set out in the patent register—
(a) the addresses of the persons referred to in section 70(5)(a) of the Act;
(b) the date the registration takes effect;
(c) the duration of the contract; and
(d) if the contract was submitted for registration by an agent, the name and
address of the agent.
(4) The additional information set out in paragraph (3) shall be published along with the
information that is required to be published under section 70(5) of the Act.
(5) The information required to be published under section 70(5) of the Act shall be
published by the Managing Director.
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42. Licences as of right

(1) This regulation applies with respect to entries in the patent register under section 79
of the Act to the effect that licences are to be available as of right.
(2) A request under section 79(1) of the Act to have an entry made shall be in Form IP 22.
(3) The request shall be accompanied by an undertaking of the owner to grant licences
under section 79 of the Act.
(4) When the Managing Director notifies the licensees of the request under section 79(2)
of the Act he shall also notify them of their right to object under section 79(3) of the Act.
(5) The period within which a licensee may object under section 79(3) of the Act is 45
days after the date of the Managing Director’s notification to the licensee of the request.
(6) A licensee may object under section 79(3) of the Act by giving a notice of opposition
in Form IP 23 in duplicate to the Managing Director.
(7) Paragraph (3) to (20) of regulation 49 apply, with necessary modifications, with
respect to an objection under section 79(3) of the Act.
(8) The publication of an entry under section 79(4) of the Act shall be in the Kenya
Gazette or in the Industrial Property Journal.
(9) A request under section 79 (7) of the Act to cancel an entry shall be in Form IP 24.
(10) The publication of a cancellation under section 79(7) of the Act shall be in the Kenya
PART X – EXPLOITATION BY GOVERNMENT
43. Exploitation by Government
(2) An application to the Minister for an order under section 80(1) of the Act shall be
in Form IP 25.
(3) A request under section 80(7) of the Act to have an order revoked shall be in writing.
PART XI – UTILITY MODELS
44. Application of Regulations to utility models
(1) Subject to paragraph (2), these Regulations apply, with necessary modifications,
with respect to utility model certificates as though these Regulations referred to utility model
certificates instead of to patents.
(2) Regulations 27, 28, 29(3) and (4) and 31 to 35 do not apply with respect to utility
model certificates.
(3) A utility model certificate shall be in Form IP 26.
PART XII – INDUSTRIAL DESIGNS
45. Register of industrial designs
(1) The Managing Director shall maintain a register of industrial designs for the
registration of industrial designs under Part XIII of the Act.
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(2) For each registered industrial design, the following shall be recorded in the register
of industrial designs—
(a) the registration number of the industrial design;
(b) the name and address of the owner of the industrial design;
(c) the title of the industrial design;
(d) any disclaimer by the applicant limiting the rights conferred by registration;
and
(e) any other information required under these Regulations or that the Managing
Director considers appropriate.
(3) A person who wishes to obtain an extract from the register of industrial designs shall
make a request in Form IP 11 for a certified copy or in Form IP 12 for an uncertified copy.
46. Copyrighted designs not registrable
An industrial design is not registrable if it is protected under the Copyright Act, No. 12
of 2001.
47. Application
(1) This regulation applies with respect to an application to register an industrial design
under section 87 of the Act.
(2) The application under section 87(1)(a) of the Act shall be in Form IP 27.
(3) Subject to paragraph (4), there shall be a separate application for each article
embodying the industrial design.
(4) There may be a single application for a set of articles embodying the industrial design
if the articles in the set are intended to be used together.
(5) The application shall be accompanied by—
(a) an additional copy of the representations required under section 87(1)(c) of
the Act; and
(b) a second specimen in addition to the specimen required under section 87(2)
of the Act.
(6) The application, representations and all documents provided with them shall be
on paper of a size known as A4 paper (29.7 centimetres by 21 centimetres) with a weight
of at least 80 grams per square metre and each page shall have a left hand margin of
approximately 2.5 centimetres.
(7) The following apply with respect to the representations required under section 87(1)
(c) of the Act—
(a) if the application is for a set of articles the representations shall include
representations of each article in the set embodying the industrial design;
(b) figures used in the representations shall be in an upright position, unless the
Managing Director is satisfied that it is impractical to do so;
(c) if more than one figure is used to represent an article, all the figures
representing the same article shall, unless it is impractical to do so, appear
on the same page and shall be labelled to indicate the view they represent;
(d) if the representations are drawings they shall be in ink;
(e) if the industrial design consists of a repeating surface pattern, the
representation shall show all of the pattern that is repeated;
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(f) only one side of each page of the representations shall be used;
(g) the name of the applicant shall be set out in the top left hand corner of each
page; and
(h) the pages shall be numbered and the page number and the total number of
pages shall be set out in the top right hand corner of each page.
(8) A statement describing the features of the design which it is claimed are new shall
be included on—
(a) the representations required under section 87(1)(c) of the Act; and
(b) the specimen required under section 87(2) of the Act.
(9) If the design includes a reproduction of arms registered under the College of Arms
Act (Cap. 98)or a specified emblem within the meaning of that Act, the application shall be
accompanied by the consent to the registration of the reproduction of the arms or specified
emblem from such person as appears to the Managing Director to be entitled to give such
consent.
(10) The following apply if the design includes the name or portrait of a person—
(a) if the person is living, the application shall be accompanied by the consent of
the person to the registration; or
(b) if the person is dead, the Managing Director may require the application to
be accompanied by the consent of such person as the Managing Director
considers appropriate.
(11) Regulations 21 and 24(2), (3) and (5) apply, with necessary modifications, with
respect to the application, under section 87(7) of the Act, of sections 37 and 41(2) and (3)
of the Act.
48. Publication of application
(1) The Managing Director shall publish a notice of an application to register an industrial
design in the Kenya Gazette or in the Industrial Property Journal.
(2) Before the notice is published, the applicant shall pay the publication fee.
49. Procedure if opposition to application
(1) This regulation applies with respect to opposition to an application to register an
industrial design under section 87 of the Act.
(2) Within 60 days after the notice of the application is published a person may oppose
the application by giving a notice of opposition in Form IP 23 in duplicate to the Managing
Director.
(3) The notice of opposition shall set out the grounds for opposing the application.
(4) The Managing Director shall give one copy of the notice of opposition to the applicant.
(5) Within 42 days after receiving the notice of opposition, the applicant shall give a
counter-statement in Form IP 28 in duplicate to the Managing Director.
(6) The counter-statement shall set out the grounds the applicant relies upon to support
the application and shall set out any facts alleged in the notice of opposition that the applicant
admits.
(7) The Managing Director shall give one copy of the counter-statement to the person
opposing the application.
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(8) Within 42 days after receiving the counter-statement, the person opposing the
application shall give to the Managing Director and to the applicant a statutory declaration
or affidavit supporting the opposition to the application.
(9) Within 42 days after receiving the statutory declaration or affidavit of the person
opposing the application, the applicant shall give to the Managing Director and to the person
opposing the application a statutory declaration or affidavit supporting the application.
(10) Within one month after receiving the statutory declaration or affidavit of the
applicant, the person opposing the application may give to the Managing Director and to the
applicant a statutory declaration or affidavit replying to the applicant’s statutory declaration
or affidavit.
(11) A statutory declaration or affidavit replying to the applicant’s statutory declaration
or affidavit shall be confined to matters strictly in reply.
(12) If the applicant fails to provide a counter-statement under paragraph (5) or a
statutory declaration or affidavit under paragraph (9) the application shall be deemed to have
been withdrawn.
(13) If the person opposing the application fails to provide a statutory declaration or
affidavit under paragraph (8), the opposition to the application shall be deemed to have been
withdrawn.
(14) After all documents have been provided the Managing Director shall conduct a
hearing of the matter.
(15) The Managing Director shall give at least 14 days notice of the hearing to each party.
(16) A party may be heard at the hearing only if the party provides the Managing Director
with a notice in Form IP 29 at least seven days before the date of the hearing.
(17) At the hearing no evidence other than the evidence provided by statutory
declaration or affidavit may be introduced without the leave of the Managing Director.
(18) The Managing Director shall give each party a written notice of his decision together
with written reasons.
(19) If there is more than one person opposing the application the Managing Director
may provide for the objections to be dealt with at the same hearing.
(20) A party may appeal the Managing Director’s decision to the Tribunal within ninety
days after the date of the notification of the decision.
50. Procedure if no opposition to application
(1) This regulation applies if there is no opposition to an application to register an
industrial design under section 87 of the Act.
(2) If the Managing Director proposes to reject the application, the Managing Director
shall send a written notice to the applicant explaining the reasons for proposing to refuse
to register the industrial design and inviting the applicant to do one of the following within
sixty days after the date of the invitation—
(a) submit written submissions; or
(b) request a hearing.
(3) If the Managing Director has sent a notice under paragraph (2), the Managing
Director shall not make his decision as to whether or not to register the industrial design
until—
(a) if the applicant requests a hearing, after holding the hearing;
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(b) if the applicant submits observations, after considering the observations; or

(c) if the applicant does not request a hearing or submit observations, after the
expiry of the sixty day period referred to in paragraph (2).
(4) The Managing Director shall notify the applicant in writing of his decision.
(5) If the Managing Director decides to refuse to register the industrial design, the
applicant may, within thirty days after the date of the notification of the decision, request that
the Managing Director provide written reasons for his decision.
(6) A request under paragraph (5) shall be in Form IP 30.
(7) The Managing Director shall comply with a request under paragraph (5) within forty-
five days after the request is made.
(8) The applicant may appeal the Managing Director’s decision to the Tribunal within
ninety days after—
(a) the date of the notification of the decision; or
(b) if written reasons are requested, the date of the reasons.
51. Registration of industrial design
(1) This regulation applies with respect to section 87(8) of the Act.
(2) Before an industrial design is registered under section 87(8) of the Act, the applicant
shall pay the registration fee.
(3) A certificate of registration issued under section 87(8) of the Act shall be in Form
IP 31.
52. Duration and renewal of registration
(2) At least ninety days before the expiry of the registration of an industrial design, the
Managing Director shall send a reminder of the impending expiry to the owner.
(3) An application for a renewal under section 88(2) of the Act shall be in Form IP 32.
(4) If a registration is renewed, the Managing Director shall register the renewal and
issue a certificate of renewal.
53. Restoration of lapsed right
(2) An application for restoration of the protection granted to an industrial design under
section 89 (1) of the Act shall be in Form IP 33.
(3) The application shall be accompanied by a statutory declaration or affidavit
supporting the application and by an application for renewal in Form IP 32.
(4) Before rejecting an application, the Managing Director shall send a written notice to
the applicant explaining the reasons for proposing to reject the application and inviting the
applicant to request a hearing within sixty days after the date of the invitation.
(5) If the Managing Director sends a notice under paragraph (4), the Managing Director
shall not make his decision as to whether to restore the design or reject the application until—
(a) if the applicant requests a hearing, after holding the hearing; or
(b) if the applicant does not requests a hearing, after the expiry of the sixty day
period referred to in paragraph (4).
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(6) The Managing Director shall notify the applicant in writing of his decision and, if
the Managing Director decides to reject the application, the notification shall include written
reasons for his decision.
(7) The applicant may appeal the Managing Director’s decision to the Tribunal within
ninety days after the date of the notification of the decision.
(8) Publication of a restored design under section 89(5) of the Act shall be in the Kenya
54. Request to examine representations etc.
A request to examine representations or specimens under section 90(2) of the Act shall
be in Form IP 34.
55. Publication relating to registration
The publication under section 91(1) of the Act relating to a registration shall be in the
Kenya Gazette or in the Industrial Property Journal.
56. Application of regulations under
Regulations 39, 40 and 41 apply, with necessary modifications, with respect to the
application, under section 93(2) of the Act, of sections 62, 68 and 70 of the Act.
PART XIII – REGISTRATION OF TECHNOVATION CERTIFICATES
57. Form of certificate
A technovation certificate shall be in Form IP 35.
58. Register of technovation certificates
(1) The Managing Director shall maintain a register of technovation certificates for the
registration of technovation certificates under Part XIV of the Act.
(2) For each registered technovation certificate, the following shall be recorded in the
register of technovation certificates—
(a) the registration number of the technovation certificate;
(b) the name and address of the technovator;
(c) the date of the request for registration;
(d) the name and address of the enterprise that issued the technovation
certificate;
(e) the title of the technovation;
(f) the technical field to which the technovation relates; and
(g) any other information that the Managing Director considers appropriate.
(3) The Managing Director shall ensure that the register of technovation certificates is
kept confidential.
59. Application for registration
(1) A technovator may apply to the Managing Director to have his technovation certificate
registered.
(2) An application under paragraph (1) shall be in Form IP 36.
(3) The application shall be accompanied by a certified copy of the technovation
certificate.
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60. Certificate of registration

Upon registration of a technovation certificate the Managing Director shall issue a
certificate of that registration in Form IP 37.
PART XIV – SURRENDER
61. Surrender
(1) This regulation applies with respect to the surrender of a patent, utility model or
industrial design registration certificate under section 102 of the Act.
(2) A surrender shall be in Form IP 38.
(3) The publication of a surrender under section 102(3) of the Act shall be in the Kenya
PART XV – AGENTS
62. Representation by agent
(1) A person may be represented by an agent in respect of a matter if—
(a) an appointment of the agent in respect of the matter has been filed with the
Managing Director; and
(b) the agent is admitted to practice before the Institute.
(2) An appointment of an agent shall be in Form IP 39.
(3) Unless the Managing Director otherwise directs, if a person is represented by an
agent—
(a) the agent may attend upon the Managing Director in place of the person; and
(b) the agent may sign any document under this Act on behalf of the person.
63. Admission to practice as agent
(1) The Managing Director may admit a person to practice before the Institute as an
agent if the person resides in, and is a citizen of, Kenya and—
(a) the person is an advocate practising in Kenya; or
(b) the person has a university degree in science or a technical field and is
conversant with industrial property matters.
(2) An application for admission to practice before the Institute shall be in Form IP 40.
(3) The Managing Director shall maintain a register in which the persons admitted to
practice before the Institute are recorded.
64. Annual fees for admitted persons
(1) Each person admitted to practice before the Institute shall pay an annual fee to
maintain his admission.
(2) No annual fee is required for the first year of admission.
(3) A person’s admission expires on the anniversary of his admission unless the annual
fee for the upcoming year has been paid.
(4) An annual fee shall be paid by submitting the fee along with Form IP 41.
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65. Advocates Act restrictions preserved

Nothing in this Part allows an agent to do anything that he would be prohibited from
doing under the Advocates Act (Cap. 16).
66. Revocation of admission to practice
The Managing Director may revoke a person’s admission to practice before the Institute
if—
(a) the person has been convicted of an offence under any Act; or
(b) the person has been found to be guilty of misconduct by a competent
authority.
67. Offence, acting as agent without admission
A person who purports to act as an agent under the Act without being admitted to practice
before the Institute is guilty of an offence and is liable, on conviction, to a fine not exceeding
six thousand shillings or to imprisonment for a term not exceeding six months or to both.
PART XVI – GENERAL AND MISCELLANEOUS PROVISIONS
68. Copies of documents
A person who wishes to obtain a copy of a document kept by the Institute shall make a
request in Form IP 11 for a certified copy or in Form IP 12 for an uncertified copy.
69. Copy of lost or destroyed certificate
(1) The Managing Director may issue a copy of one of the following certificates if the
certificate is lost or destroyed—
(a) a certificate of a grant of a patent;
(b) a certificate of registration of a change in ownership;
(c) a certificate of registration of a licence;
(d) a utility model certificate;
(e) a certificate of registration of an industrial design; or
(f) a certificate of registration of a technovation certificate.
(2) A request for a copy of a lost or destroyed certificate shall be in Form IP 42.
(3) A request for a copy of a lost or destroyed certificate shall be accompanied by a
statutory declaration or affidavit supporting the assertion that the certificate has been lost
or destroyed.
70. Request for a search
A request to have a search done for an industrial property right shall be in Form IP 43.
71. Request to amend a name, etc., in a register
A request to amend a name, address or other contact information in a register shall be
in Form IP 44.
72. Caution or notice in a register
A request to have a caution or notice included in or removed from a register shall be
in Form IP 45.
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(1) A notice or other document that is to be given or sent to or served on, a person may
be given, sent or served—
(a) by mailing or delivering the notice or document to the address of service
provided by the person;
(b) by giving the notice or document personally to the person or by mailing
or delivering the notice or document to the person’s residence or place of
business or employment; or
(c) by giving the notice or document personally to the person’s agent or by mailing
or delivering the notice or document to the agent’s place of business.
(2) Proof that a notice or other document was given, sent or served shall be in Form
IP 46.
(3) A notice or document that is mailed shall be deemed to have been given, sent or
served on the day the notice or document would be delivered in the ordinary course of post.
74. Opportunity to be heard
Before exercising a power or making a decision the Managing Director may give a person
who would be adversely affected an opportunity to be heard.
75. Hearings, particular provisions
The following apply with respect to a hearing before the Managing Director—
(a) at the hearing the Managing Director may allow oral evidence and shall allow
the cross examination of a person on his statutory declaration or affidavit;
(b) the Managing Director may, on such terms as he may specify, allow a
document to be amended or a procedural irregularity to be rectified;
(c) the Managing Director may, on such terms as he may specify, dispense with
or modify any requirement to do anything, including a requirement to provide
a document;
(d) the Managing Director may require a party to pay all or part of the costs of
another party and determine how the costs are to be determined and how
they are to be paid; and
(e) the Managing Director may require a party to give security for costs that the
party may be required to pay under subparagraph (d).
76. Extensions of time
The Managing Director may extend the time for doing an act or taking a proceeding,
other than a time expressly provided in the Act, on such conditions as he may specify.
77. Signing of forms on behalf of certain bodies
(1) A form that is required to be signed on behalf of a corporation shall, unless it is signed
by an agent, be signed by a director of the corporation or the secretary of the corporation.
(2) The following apply if a form is required to be signed on behalf of a partnership—
(a) unless the form is signed by an agent, the form shall be signed by a partner or
by a person who satisfies the Managing Director that the person is authorized
by the partnership to sign on its behalf; and
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(b) the form shall set out the names of the partners in full.
78. Statutory declarations and affidavits
The following apply with respect to a statutory declaration or affidavit under the Act or
these regulations—
(a) the statutory declaration or affidavit shall have a heading indicating the matter
or matters to which it relates;
(b) the statutory declaration or affidavit shall be divided into consecutively
numbered paragraphs, each of which shall, if possible, be confined to a single
subject-matter; and
(c) the statutory declaration or affidavit shall fully identify the person making it
and shall set out where the person resides.
79. Documents in English or translated
(1) Documents provided to the Managing Director shall be in English.
(2) If a copy of a document that is not in English is required to be provided to the
Managing Director the following apply—
(a) an English translation of the document shall be provided along with the copy
of the document;
(b) the translation shall be certified to be an accurate translation;
(c) if more than one copy of the document is required, one copy of the translation
shall be provided for every copy of the document required;
(d) if the Managing Director believes the translation is not accurate the Managing
Director may refuse it and require an accurate translation; and
(e) the copy of the document shall be deemed not to have been provided until
the required translation and copies are provided.
80. Repeal of former regulations
The Industrial Property Regulations, 1993, are repealed.
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SCHEDULES
FIRST SCHEDULE
[Rule 2.]
FORMS
FORM IP 1
(Rule 10)
The Managing Director,
Kenya Industrial Property Institute.
REQUEST FOR WRITTEN AUTHORITY

REFERRED TO IN SECTION 28(1) OF THE ACT
Name and address of applicant(s)
Name and address of agent (if any)
Title of invention
I/We, the applicant(s) identified above, apply for authority to file a patent application
outside Kenya.
My/Our reasons for making this request are as follows:
.
Dated at ..................... this ............... day of ................., 20 ..............
Signature ......................................
FORM IP 2
(Rule 11)
REQUEST FOR A CERTIFICATE OF RIGHT TO INSPECT

FILES FOR PURPOSE OF SECTION 29(3) OF THE ACT
Name and address of applicant
Time of invention
I/We the applicant(s) identified above,

(a) declare as follows—
(i) that the culture deposited at ................. under the file number .................. is
referred to in the specification of Patent application of Patent application/Patent
No. ............................, and
(ii) that, I am/we are for the reasons established by the accompanying evidence entitled
to inspect the files for the purposes of section 29(3) of the Act; and
(b) undertake, if a sample of the deposited culture is released to me/us, not to do anything
prohibited by Regulation 11(5).
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(c) accordingly request that a certificate of right to inspect files for purposes of section
29(3) of the Act be forwarded to me/us.
Dated at ....................... this ..................... day of .................., 20 ...........
NOTES:
1. Evidence establishing the entitlement to inspect the files for the purposes of section
29(3) of the Act shall accompany the request.
FORM IP 3
(Rules 12, 18)

□ REQUEST FOR A GRANT OF A PATENT

□ REQUEST FOR REGISTRATION OF A UTILITY MODEL
(please choose one)
The grant of a patent/registration of a Utility Model is requested by the undersigned on

the basis of the present
□ Provisional specification
□ Final specification (Please choose one)
I Applicants or
agents reference
(Please insert if
available)
II Title of invention
III Applicant (First
or only applicant)
(see note 2)
IV Address
Nationality Residence
(Country) (Country)
Telephone Facsimile number E-mail address (if
number (if any) (if any) any)
Name of second
applicant (if more
than one).
Address
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(Country) (Country)
Name of second
applicant (if more
than one)
Address
(Country) (Country)
Telephone Facsimile numberE-mail address (if
number any)
V (a) The # the sole # joint inventor(s)
applicants are or
(b) # A statement
in Form IP 4 is
furnished.
VI Name and .
address of agent
(if any) see note
4
VII Address for
service (see note
5)
VIII Declaration of
priority (see note
6)
IX It is suggested
that Figure
No. ...................
of the drawing
(if any) should
accompany the
abstract when
published.
X Check list to
be filled in by
applicant or agent
(A) The (B) The
application application
contains the as filed is
following number accompanied by:
of sheet(s)
Item No. of sheets Item (Tick)
Request . Declaration
claiming priority
Description Copy of earlier
application
Claim(s) From IP 4
(Statement
justifying right
to patent/utility
model certificate)
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Drawing(s) Form IP 39
(Appointment of
agent)
Abstract Other documents
(specify)
Dated at ....................... this .................. day of ............., 20 ........

Signature ................................
NOTES:
1. This form, when completed should be brought or sent to the Managing Director,
Kenya Industrial Property Institute, together with the prescribed fee and three copies of the
description, claims, abstract and drawings. The form should be in triplicate.
2. Enter the name and address of each applicant. Names of individuals should be
indicated in full with the surname or family name given first and underfined. The names of
all partners in a firm must be given in full. Bodies corporate should be designated by their
corporate name and the country of incorporation should be entered where provided. Full
corporate details e.g. “a limited liability company incorporated in Kenya”, trading styles, e.g.
“trading as xyz company”, nationality and former names, e.g. “formerly (known as) ABC Ltd,
are not required and should not be given.
3. Where the applicant(s) is/are the sole inventor(s) or the joint inventor(s), the
declaration to that effect at IV(a) should be completed and the alternative statement IV(b)
deleted. If however, this is not the case then declaration IV(a) should be struck out and a
statement in Form IP 4 provided.
4. If the applicant has appointed an agent to act on his behalf, the agent’s name and
address of his place of business should be indicated in the space available at V.
5. An address for service in Kenya to which all documents may be sent must be stated
at VI.
6. The declaration of priority at VII should comply with requirements in Regulations 21.
SUPPLEMENT SHEET
(To be used if the space provided above is not large enough to contain information to
be furnished)
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Additional Applicant (s)

Additional Inventor(s)
Additional Priority
Other
For official use only
Date of actual receipt of application under
section 41(1) of the Act
Date of receipt of correction under section
41(3) or 41(5) of the Act or drawings under
section 41(4) of the Act
Application number
Filing date
FORM IP 4
(Rule 12)
The Managing Director

STATEMENT JUSTIFYING APPLICANT’S RIGHT

TO PATENT/UTILITY MODEL CERTIFICATE
Title of invention
I/We believe the applicant(s) in respect of the above mentioned application for a patent/
utility model, declare as follows:
(I) I/We believe that person(s) below (and on supplementary sheet if necessary) is/are
the inventor(s) of the invention in request of which the above-mentioned application
is made.
Name of inventor Address
.
.
.
.
(II) The derivation of my/our right to be granted a patent upon the said application
is as follows:
(III) I/We consent to the publication of the details contained herein to each of the
inventors name above.
Dated at ........................ this ................... day of ....................., 20 ...............
Signature .....................................
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FORM IP 5
(Rule 20)
REQUEST TO AMEND OR DIVIDE APPLICATION

Application number
I/We, the applicants identified above, request to

□ Amend my/our Application or
□ Divide my/our Application
My/Our reasons for making this amendment are as follows:
..
The details of the requested amendment/division are attached.

Dated at ..................... this ...................... day of .........................., 20 ..............
FORM IP 6
(Rule 20)

REQUEST TO AMEND NAME, ADDRESS OR

OTHER CONTACT INFORMATION IN APPLICATION
Application number
I/We, the applicants identified above, request to amend to amend the following in the
above application.
.
The details of the requested amendment are attached.
Dated at .................................... this ...................... day of ........................., 20 .................
Signature ...................................
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FORM IP 7
(Rules 24 and 28)

REQUEST FOR EXTENSION OF TIME
Application or patent number
IN THE MATTER OF ......................................................

I/We, the applicant(s) identified above, apply for an extension of time.
(I) The period of the requested extension is ........................................
(II) The grounds or reasons for the request are as below:
.
Date this ................................ day of ......................., 20 .............
Signature ....................................
FORM IP 8
(Rule 28)

REQUEST FOR EXAMINATION UNDER SECTION 44 OF THE ACT

Application or patent number
I/We, the applicants identified above, request the examination of the above quoted
application under section 44 of the Act.
Date this ................................ day of ......................., 20 .............
Signature ....................................
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FORM IP 9
(RULE 29)

Patent Number:
Date of grant/Publication:
PATENT
International Patent Classification:
Application Number: International Publication number:
Filing Date:
Priority Number:
Priority Date:
Priority Country:
Owner(s)
Inventor(s)
Agent:
Title:
Abstract:
Cited Documents:
FORM IP 10
(Rule 29)
CERTIFICATE OF GRANT OF A PATENT
It is hereby certified that a patent with patent number ........................ has been granted
to in respect of an invention disclosed in an application number ................... having a date
of filing of ........................ and priority date of .................. being an invention titled .............
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
Dated at ........................................, this ...................... day of ...................., 20 ..............
...........................................................
Managing Director,
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FORM IP 11
(Rules 30, 45, 68)
REQUEST FOR CERTIFIED COPY
Name and address of person making
request
What is the Managing Director requested to certify? (Please include specific information
sufficient to identify what is to be certified)
Dated at .......................... this ....................... day of ......................, 20 .............
Signature ...............................
NOTES:
1. Please use a separate form for each industrial property right.
2. This form may be used to obtain certified copies of documents or extracts.
3. Please describe any special requirements. If space provided is not sufficient, please
use a separate sheet of paper.
FORM IP 12
(Rules 30, 45, 68)
REQUEST FOR CERTIFIED COPY
request
Give particulars of the Industrial Property
right, a copy of which is requested

Signature ...............................
NOTES:
1. Please use a separate form for each industrial property right.
2. This form may be used to obtain certified copies of documents or extracts.
3. Please describe any special requirements. If space provided is not sufficient, please
use a separate sheet of paper.
129
No. 3 of 2001 [Rev. 2016]
Industrial Property
[Subsidiary]
FORM IP 13
(Rules 32)
REQUEST FOR NATIONAL PROCESSING OF AN

INTERNATIONAL APPLICATION FOR A PATENT
I/We, the applicants name below, request that our international application identified
below be treated as an application under the Act.
Name and address of applicants(s)
International Application Number
This application is made by virtue of the fact # A designated office under chapter 1 of the
that the institute is Patent Co-operation Treaty
# An elected office under chapter 11 of the
Patent Cooperation Treaty
Documents accompanying the application Search report
International Preliminary Examination report
Cited Documents
FORM IP 4
FORM IP 39
Any other (specify)
Signature ...............................
FORM IP 14
(Rules 33)

REQUEST TO HAVE A REFUSED INTERNATIONAL

APPLICATION TREATED AS AN APPLICATION UNDER THE ACT
International Application number
International filing date
Name of agent and address (if any)
130
[Rev. 2016] No. 3 of 2001
Industrial Property
[Subsidiary]
I/We, the above-identified applicant(s), request the Managing Director to treat the above
quoted international application as an application under the Act.
The following are the facts upon which I/we rely:

.
Signature ...............................
FORM IP 15
(Rules 34)

REQUEST TO HAVE A REFUSED REGIONAL APPLICATION

TREATED AS AN APPLICATION UNDER THE ACT
International Application number
International filing date
Name of agent and address (if any)
I/We, the above-identified applicant(s), request the Managing Director to treat the above
quoted African Regional Industrial Property Organisation application as an application under
the Act.
The following are the facts upon which I/We rely:

.
Signature ...............................
FORM IP 16
(Rules 38)

PAYMENT OF ANNUAL FEE FOR AN APPLICATION/PATENT

I/We (insert name and address of the person making the payment)
transmit the annual fee for the ............ year Patent application number or
of
Patent number
which is/was due on
131
No. 3 of 2001 [Rev. 2016]
Industrial Property
[Subsidiary]
Name of the applicant owner of patent

Signature ...............................
CERTIFICATE OF ANNUAL FEE FOR AN APPLICATION/PATENT
This is to certify that the annual fee for the application/patent number ........... has been
paid for the period up to ...... when the next annual free will be due.
□ Date at ..................... this ............... day of ....................., 20 ..................

Kenya Industrial Property Institute Stamp
Signature ...............................
FORM IP 17
(Rules 38)

REQUEST TO RESTORE AN APPLICATION/PATENT

request
Application/patent number
I/We, the applicants identified above, apply for an order restoring the above quoted
application/patent.
The failure to pay the annual fee was not intended. A statutory declaration or affidavit
supporting the statements made in this request is attached.

Signature ...............................
FORM IP 18
(Rules 39)

APPLICATION TO HAVE CHANGE OF OWNERSHIP RECORDED IN REGISTER
132
[Rev. 2016] No. 3 of 2001
Industrial Property
[Subsidiary]

Application/patent number
Name and address Former owner(s)
Name and address New Owner(s)
I/We, the applicants identified above, hereby apply to have a change or ownership
recorded in the register for the above quoted application/patent.
The change in ownership effected by:
□ A contract assigning the application or patent
□ Any other way
I/We attach copies of the documents required under Regulation 39(4)
Signature ...............................
FORM IP 19
(Rules 39)
CERTIFICATE OF REGISTRATION OF CHANGE OF OWNERSHIP
It is hereby certified that the change of ownership of application/patent

number ........................ has been registered on .......
Name and address of former owner(s) ...................................................
..................................................................................................................
Name and address of the new owner(s) ..................................................
..................................................................................................................
..................................................................................................................
..................................................................................................................
Registration number of change of ownership .........................................
Dated at ............................. this ................ day of ................., 20 ..............
.........................................................
Managing Director,
133
No. 3 of 2001 [Rev. 2016]
Industrial Property
[Subsidiary]
FORM IP 20
(Rules 40)
□ PETITION FOR REGISTRATION OF A LICENCE CONTRACT; OR
□ PETITION FOR REGISTRATION OF MODIFICATION TO LICENCE CONTRACT

1. Applicants/Agents reference (please insert
if available)
2. Petitioner or Petitioners
Name
Address
Nationality (country) Residence (country)
3. Name and address of agent (if any)
4. Title of the contract
5. Names and addresses of the parties
6. Date of the contract
The following document required under Regulation 40(3), accompany this petition.
........................................................................................
........................................................................................
........................................................................................
........................................................................................
Dated at .............................. this ..................... day of .................., 20 ................
FORM IP 21
(Rules 41)
CERTIFICATE OF REGISTRATION OF LICENCE

CONTRACT OR MODIFICATION TO LICENCE CONTRACT
It is hereby certified that the licence contract/modification described below has been
registered.
Description of registered licence contract or modification .........................................
........................................................................................
........................................................................................
........................................................................................
........................................................................................
Name and addresses of parties:
........................................................................................
134
[Rev. 2016] No. 3 of 2001
Industrial Property
[Subsidiary]
........................................................................................
........................................................................................
........................................................................................
........................................................................................
Dated at ..................... this ................ day of ..............., 20 ............
...................................................
Managing Director,
FORM IP 22
(Rule 42)

REQUEST FOR AN ENTRY IN THE REGISTER

THAT LICENCES TO BE AVAILABLE AS OF RIGHT
Name and addresses of owner(s) of patent
Patent number
I/We, the owners(s) identified above, request that an entry may be made in the register
in the respect of the above quoted patent to the effect that licences under the patent are
to be available as of right.
I/We are not precluded by contract from granting licences under the patent.
Dated at ................................ this .................... day of ................., 20 .....................
Signature ...............................
CONFIRMATION OF MAKING AN ENTRY

This is to confirm that an entry has been made in the register of patent to the effect that
licences under patent No. ........ are to be available as of right.
□ Date at .............................. this ............ day of ..............., 20 .....................

Signature ...............................
Kenya Industrial Property Institute Stamp.
135
No. 3 of 2001 [Rev. 2016]
Industrial Property
[Subsidiary]
FORM IP 23
(Rules 42 and 49)

NOTICE OF OPPOSITION
Name and address of opponent/licensee
I/We, the opponent/licensee identified above, hereby give notice of opposition under
Regulation ..... to the following application/request:
.
The grounds of opposition are as follows:
.
Dated at ............................. this .......................... day of .............................,
20 ......................
Signature .......................................
FORM IP 24
(Rules 42)

REQUEST TO CANCEL AN ENTRY IN THE REGISTER

THAT LICENCES TO BE AVAILABLE AS OF RIGHT
Name and address of owner(s) of patent

Patent number
I/We, the owner(s) identified above, request the cancellation of the entry in the register
to the effect that licences under the above-mentioned patent are to be available as of right.
Dated at ............................. this .......................... day of .............................,

20 ......................
Signature .......................................
136
[Rev. 2016] No. 3 of 2001
Industrial Property
[Subsidiary]
SECOND SCHEDULE
[Rule 3.]
FEES
NOTES:
1. A foreign fee payable 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.
PART A — GENERAL FEES

Description of fee Local Fee KSh Foreign Fee US$ Corresponding form
1. Fee for a request 1,000 N/A 1
for written authority
the Act
2. Fee for a request 1,000 50 2
for certificate that
person has right to
inspect files
3. Fee for application 3
for a patent
With a provisional 1,000 50
specification
With a final 3,000 150
specification
4. Excess claims 100 20 3
fee, for each claim
in excess of ten (see
Regulation 14(11))
5. Fee for filing a final 3,000 150 3
specification
for amendment
or division or an
application
7. Fee for request 1,000 50 6
for amendment of
application to change
name, address
or other contact
information
8. Fee for request for 1,000 50 7
extension of time
9. Fee for publication 3,000 150 N/A
of patent application
(see Regulation 25)
for a substantive
examination
11. Fee for grant 3,000 150 N/A
of a patent (see
Regulation 29)
for a certified copy
137
No. 3 of 2001 [Rev. 2016]
Industrial Property
[Subsidiary]
13. Fee for a request 500 50 12

for an uncertified copy
14. Transmittal fee 5,000 250 N/A
(see Regulation 31)
Plus actual cost of
transmittal
15. Fee fir request to 3,000 150 13
have an international
application treated
as an application
under the Act (refused
application)
16. Fee for request to 3,000 150 14
have an international
application treated as
an application under
the Act (entry into
national phase)
to have a regional
application treated
as an application
under the Act (refused
application)
18. Annual fee for an
application or patent:
For 2nd year 2,000 300 16
For 3rd year 2,000 300 16
For 4th year 2,000 300 16
For 5th year 2,000 300 16
For 6th year 2,000 300 16
For 7th year 2,000 300 16
For 8th year 6,000 300 16
For 9th year 7,000 350 16
For 10th year 8,000 400 16
For 11th year 10,000 500 16
For 12th year 12,000 600 16
For 13th year 14,000 700 16
For 14th year 16,000 800 16
For 15th year 18,000 900 16
For 16th year 20,000 1,000 16
For 17th year 30,000 1,500 16
For 18th year 35,000 1,750 16
For 19th year 40,000 2,000 16
For 20th year 50,000 2,500 16
19. Surcharge under 3,000 150 16
Act
20. Fee for a 6,000 300 17
request to restore an
application or patent
21. Fee for an
application to have a
change of ownership
recorded in the
register.
138
[Rev. 2016] No. 3 of 2001
Industrial Property
[Subsidiary]
For a change 7,000 350 18

effected by a contract
assigning the
For a change effected 5,000 250 18
in any other way
22. Fee for a petition 30,000 1,500 20
for registration of
a licence contract
or modification to a
registered licence
contract.
for an entry that
licences are to be
available as of right
24. Fee for notice of 5,000 250 23
opposition to an entry
that licences are to be
available as of right
for a cancellation of
an entry that licences
are to be available as
of right
26. Fee to convert 500 50 N/A
patent application
into application for
utility model certificate
the Act
27. Fee to convert 2,500 150 N/A
application for utility
model certificate into
patent application
the Act
28. Fee for an 3,000 150 27
application for
registration of an
industrial design
29. Publication 3,000 150 N/A
fee for notice of
application to register
an industrial design
(see Regulation 48)
30. Fee for notice 5,000 250 23
of opposition to
an application for
registration of an
industrial design
31. Fee for a counter- 4,000 200 28
statement (in relation
to an application for
registration of an
industrial design or a
request for an entry
139
No. 3 of 2001 [Rev. 2016]
Industrial Property
[Subsidiary]

available as of right)
32. Fee for a notice 5,000 250 29
to appear at a
hearing (in relation
to an application for
registration of an
industrial design or a
request for an entry
available as of right)
for reasons for a
decision to refuse to
register an industrial
design
34. Fee for 1,000 50 N/A
registration of an
industrial design (see
Regulation 51)
35. Fee for an 10,000 500 32
application for
a renewal of an
industrial design
36. Fee for an 2,000 100 33
application for
the restoration of
protection granted to
an industrial design
37. Surcharge under 3,000 150 N/A
Act for late renewal
to examine
39. Fee for an 1,000 (same as local fee) 36
application to register
a technovation
certificate
40. Fee for a 1,000 50 38
surrender of a patent
or utility mode,
industrial design
certificate
41. Fee for an 1,000 50 39
appointment of an
agent
for admission to
practice before the
institute
43. Annual fee to 2,000 100 41
maintain admission
to practice before the
Institute
140
[Rev. 2016] No. 3 of 2001
Industrial Property
[Subsidiary]

for a lost or destroyed
certificate
45. Fee for a search 2,000 100 43
for amendment of
register to change
name, address
or other contract
information
to have a caution or
notice included in
or removed from a
register
PART B — FEES FOR UTILITIES MODELS THAT ARE DIFFERENT FROM FEES IN
PART A
Description of fee Local Fee KSh Foreign Fee US$ Corresponding form
1. Fee for application
for a utility model
certificate
With a provisional 500 50 3
specification
With a final 1,000 50 3
specification
2. Fee for filing a final 1,000 50 3
specification
for amendment
of division of an
application
4. Fee for request 500 50 6
for amendment of
application to change
name, address
or other contact
information
for extension of time
6. Annual fee for an 1,000 50 16
application for a utility
model certificate, after
the first year
7. Annual fee for a
utility model certificate
Fee due in 1st year 1,000 50 16
after grant
Fee due in 2nd year 1,500 75 16
after grant
Fee due in 3rd year 2,000 100 16
after grant
Fee due in 4th year 2,500 125 16
after grant
after grant
141
No. 3 of 2001 [Rev. 2016]
Industrial Property
[Subsidiary]

after grant
after grant
after grant
after grant
after grant
8. Fee for a request to 2,000 100 17
restore an application
or utility model
certificate
9. Fee for an
application to have a
change of ownership
recorded in the
register:
For a change 2,000 100 18
effected by a contract
assigning the
For a change effected 1,000 50 18
in any other way
142

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NO.

INDUSTRIAL PROPERTY ACT

List of Subsidiary Legislation

INDUSTRIAL PROPERTY TRIBUNAL RULES, 2002

32. Rules for giving notices, etc.

INDUSTRIAL PROPERTY TRIBUNAL RULES, 2002

6. Time limit for appeals

12. Application for cancellation of a compulsory licence

PART IV – REVOCATION OR INVALIDATION PROCEEDINGS

27. Hearings, particular provisions

32. Rules for giving notices, etc

(2) The following apply if a form is required to be signed on behalf of a partnership—

39. Reference under section 118 of the Act

To: The Secretary

NOTICE OF AN APPEAL UNDER SECTION 27(7) OF THE ACT

This is a notice of appeal to the Industrial Property Tribunal

Signature of appellant or agent: .........................................................

To: The Secretary

NOTICE OF AN APPEAL FROM A DECISION OF THE

Signature of appellant or agent: .........................................................

Signature of appellant or agent: .........................................................

INDUSTRIAL PROPERTY ACT, 2001

To: The Secretary

Signature of person filing reply/counter-statement or agent: .......................

Signature of applicant or agent: .........................................................

REPLY TO AN APPLICATION FOR A COMPULSORY LICENCE

APPLICATION FOR CANCELLATION OF A COMPULSORY

Signature of applicant or agent: .........................................................

INDUSTRIAL PROPERTY ACT, 2001

To: The Secretary

APPLICATION FOR VARIATION OF TERMS OF A

Grounds on which the application is based:

Signature of applicant or agent: .........................................................

INSTRUCTION UNDER SECTION 78 OF THE ACT TO

Signature of Chairman of Tribunal: ..........................................................

APPLICATION FOR FIXING TERMS OF A NON-

Name and addresses of other parties:

Signature of applicant or agent: ..........................................................

Signature of applicant or agent: ..........................................................

Signature of Chairman of Tribunal: ..........................................................

This is a request under section 106 of the Act.

REQUEST UNDER SECTION 107 (1) OF THE ACT

A statement of the facts relied upon is attached.

Signature of applicant or agent: ..........................................................

INDUSTRIAL PROPERTY ACT, 2001

REQUEST UNDER SECTION 108 (1) OF THE ACT

A statement of the facts relied upon is attached.

Signature of requester or agent: ..........................................................

A statement of the facts relied upon is attached.

3. To be signed by the person effecting service.

INDUSTRIAL PROPERTY ACT, 2001

To: The Secretary

This is an application for an extension of a time limit.

A statutory declaration of affidavit supporting this application is attached.

Signature of applicant or agent: ......................................

INDUSTRIAL PROPERTY ACT, 2001

APPLICATION FOR AN ORDER UNDER SECTION 114(1) OF THE ACT

This is an application for an order under section 114(1) of the Act.

A statutory declaration of affidavit supporting this application is attached.

Signature of applicant or agent: ......................................