AGADVOKS GLOBALKENYA · ENGLISH
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Industrial Property Act

34. Application

Edition: 2022-12-31 · In force

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34. Application

(1)An application for a patent shall be filed with the Managing Director and shall contain—
(a)a request;
(b)a description;
(c)one or more claims;
(d)one or more drawings (where necessary); and
(e)an abstract.
(2)Where the applicant’s ordinary residence or principal place of business is outside Kenya, he shall be represented by an agent who shall be a citizen of Kenya admitted to practice before the Institute.
(3)The request shall state the name of, and prescribed data concerning the applicant, the inventor and the agent, if any, and the title of the invention; and where the applicant is not the inventor the request shall be accompanied by a statement justifying the applicant’s right to the patent.
(4)The appointment of an agent shall be indicated by furnishing a power of attorney signed by the applicant.
(5)The description shall disclose the invention and the best mode for carrying out the invention, in full, clear, concise and exact terms as to enable a person skilled in the art to make, use or evaluate the invention and that description shall include any drawing and relevant deposits as in the case of microorganisms and self-replicable material which are essential for the understanding of the invention.
(6)The claim or claims shall define the matter for which protection is sought and shall be clear and concise and fully supported by the description.
(7)The abstract shall merely serve the purpose of technical information; in particular, it shall not be taken into account for the purpose of interpreting the scope of the protection sought.
(8)The details of the requirements with which the application must comply shall be prescribed by the regulations made under this Act.[Act No. 18 of 2018, Sch.]
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Source: Kenya Law