Industrial Property Landscape in Kenya: Facts, figures and trends

Industrial Property Landscape in
Kenya: Facts, figures and trends
Citation: Scinnovent 2015. Industrial property landscape in Kenya: Facts, trends and figures. Scinnovent. Nairobi, Kenya
Industrial
designs
Utility
modelsPatents
1990 2014

This report is based on secondary data availed to The
Scinnovent Centre by the Kenya Industrial Property
Institute (KIPI).
Industrial property landscape in Kenya: Facts, trends
and figures. Scinnovent. Nairobi, Kenya
© 2015 The Scinnovent Centre
Editing, design and layout—Scinnovent Centre
Publishing Services, Nairobi, Kenya.

1914
First patent is filed in Kenya
under the laws of England
Patents and
Designs
Ordinance
enacted
Industrial
Property Act
CAP 509
enacted
1914
1989
Kenya Industrial
Property Office (KIPO)
established
Mandate to examine, grant and
register industrial property rights.
Industrial Property policies and legislation

Patents: 1990- 2013
1994
First patent
granted since
establishment
of KIPO
2,388 patents were
filed in the period
1990 – 2013
Patents filed in 2013 was 24 times more than those filed
in 1990 when Act was enacted

Steady growth......
633 patents had been granted
representing 26.5% of total patents
filed between 1990 and 2013
By 2013
for the first time,
the patent
applications in
Kenya exceeded
the 100 mark
In 2007,

Channels of application
Gap between national patents and
PCT patents granted widened with
majority of the patents granted
being PCT patents.
National vs International
51.4% through
patent cooperation treaty
(PCT)
48.6% through
national patent
applications
73.6% PCT patents
26.4% National
patents
2008 to 2013
633 patents
granted
First PCT patent
application in 1994
1990-2013

Time taken to grant patents
Time
between filing date
and grant date
majority of patents took between 2
and 3 years to be granted.

Government
Companies
Individuals
Different types of applicants
More than half (57.58%)
of patents
filed by companies
36.07% of these granted
Public research institutes
Universities and other learning
institutions
Various forms of partnerships

National patents filed in partnerships
10 types of partnerships:
Partnerships between
individuals granted most
patents
278 patents filed by
partnerships
14.4% of these were
granted

Classification of patents granted, by
economic sector
Most patents granted to
agriculture, forestry and
fishing
Mining and quarrying
granted the least
31.4%
0.5 %
Based on
International
Patents
Classification
scheme

Utility models: 1993 to 2013
396 utility models filed 42 granted
Individuals 50%,
Companies 31%,
Partnerships 16.6%
University and other learning
institutions - 0
Public Research Institutes
2.4%
55.8% by individuals
17.4% by companies
16.9% by partnerships
8.6% by universities and other learning
institutions
1.3% by Public Research institutions
individuals/ individuals
record highest success

Utility models: owners' category
were filed by partnerships
Only 7 models were granted to
these partnerships
67 utility
models

Period taken to grant utility models
Majority of
utility models
took 12
months and
below to be
granted.
How long does it take to grant a utility model?

Industrial designs: 1991 to April 2014
industrial designs filed between 1991
and 2014
1392
51.3% granted

Industrial designs classification by
owners' category
Companies
filed and
granted
majority of
industrial
designs
82.5%
filed only
Public research institutes
0.3%
of the industrial designs and were
granted none

Industrial designs filed in partnerships
individuals/individuals
recorded highest
success
24 industrial designs
filed in
partnerships

Rejected/ Delayed applications
73.5% of 2388 patents filed
were rejected
90% of the 396 utility
models filed were rejected
49% of the 1392 industrial
designs filed were rejected
High rejection/ delay rate

Several reasons for rejection- patents
Some national patent
applications evolved into
different IP types:
Most applications NOT granted
due to
lack of correspondence
between applicant and KIPI
Converted into a utility model
Filed as PCT patents as per
applicants request
Failure to submit
required fee
Lack of response to
KIPI
Failure to meet set
criteria
Withdrawal by
applicant

Reasons for patent application
rejections/ delay

Reasons for utility models applications
rejections/delay

Reasons for industrial designs
applications rejections/ delay

This work was carried out with the aid of a grant from the
International Development Research Centre (IDRC), Ottawa,
Canada
We give special thanks to the Kenya Industrial Property Institute
(KIPI) for availing all the data used in this study
Acknowledgement

Industrial Property Landscape in Kenya: Facts, figures and trends

Industrial Property Landscape in Kenya: Facts, figures and trends

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