ADVOKS GLOBAL · KENYA
Industrial Property Act
38. Information concerning corresponding foreign applications and grants
Edition: 2022-12-31 · In force
38. Information concerning corresponding foreign applications and grants
(1)At the request of the Managing Director, the concerning applicant shall furnish him with the date and corresponding number of any application for a patent or other foreign applications title of protection filed by the applicant with a national industrial property office of another country or with a regional industrial property office (in this Act referred to as a "foreign application"), relating to the same invention as that claimed in the application filed with the Managing Director.(2)The applicant shall, at the request of the Managing Director, furnish him with the following documents relating to one of the foreign applications—(a)copies of any communication received by the applicant concerning the results of any search or examination carried out in respect of the foreign application;(b)a copy of the patent or other title of protection granted on the foreign application; and(c)a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.(3)The applicant shall, at the request of the Managing Director, furnish him with a copy of any decision revoking or invalidating the patent or any other title of protection granted by the applicant on the basis of the foreign application.(4)The applicant shall, at the request of the Managing Director, furnish him with copies of any communication received by the applicant concerning the results of any search or examination carried out in respect of any foreign application other than the one referred to in subsection (2).(5)The documents furnished under this section shall merely serve the purpose of facilitating the evaluation of novelty claimed in the application filed with the Managing Director or in the patent granted on the basis of that application.(6)The applicant shall have the right to submit comments on the documents furnished under this section.(7)The details of the requirements under this section shall be prescribed by the regulations.