ADVOKS GLOBAL · KENYA
Energy Act
72. Discoveries, inventions and improvements
Edition: 2022-12-31 · In force
72. Discoveries, inventions and improvements
(1)Subject to subsections (5) and (6), the rights in all discoveries and inventions and in all improvements in respect of processes, apparatus and machines made by—(a)employees of the Agency or officers and employees in the public service who have been seconded to the Agency;(b)persons assisting the Agency with any investigation or research; or(c)persons to whom contracts, including bursaries or grants-in-aid, have been granted by the Agency,shall vest in the Agency.(2)The Agency may make the discoveries, inventions and improvements referred to in subsection (1) available for use in the public interest subject to the conditions and the payment of fees or royalties that the Agency may determine.(3)In respect of the rights in any discovery, invention or improvement that are contemplated in subsection (1), the Agency may award to the person responsible for the discovery, invention or improvement such bonus as it may consider necessary, or make provision for financial participation by him or her in the profit derived from such discovery, invention or improvement to such extent as the Cabinet Secretary may determine in consultation with the Cabinet Secretary of the National Treasury.(4)The Agency may apply for a patent in respect of any discovery, invention or improvement contemplated in subsection (1), and shall for the purposes of the Industrial Property Act (Cap. 509) be regarded as the assignee of the discoverer or inventor in question.(5)Unless it is otherwise agreed, the rights in a discovery, invention or improvement made by the Agency in the course of an investigation for or on behalf of another person, Government or administration shall vest with the Agency.(6)The provisions of this section shall not apply in respect of a discovery or an invention or improvement referred to in subsection (1) which, in the opinion of the Board, was made by the person concerned other than—(a)in the course of the performance of his or her duties as an employee of the Agency;(b)during the performance of functions in respect of which he or she has been seconded to the Agency;(c)in the course of any investigation or research while assisting the Agency; or(d)in the course of any research in respect of which he or she receives a bursary or grant-in-aid from the Agency, which is not connected with such employment, functions, investigation or research.