ADVOKS GLOBAL · KENYA
Industrial Property Act
41. Filing date and examination of application as to form, etc.
Edition: 2022-12-31 · In force
41. Filing date and examination of application as to form, etc.
(1)The Managing Director shall accord as the filing date the date of receipt of the application, provided at the time of receipt, the documents filed contain—(a)the name and address of the applicant;(b)a part which on the face of it appears to be a description; and(c)a part which on the face of it appears to be a claim or claims.(2)If the Managing Director finds that the application did not, at the time of receipt, fulfil the prescribed requirements, he shall invite the applicant to file the required correction.(3)If, the applicant complies with the invitation referred to in subsection (2), the Managing Director shall accord as filing date the date of receipt of the required correction; otherwise he shall treat the application as if it had not been filed.(4)Where the application refers to drawings which are not included in the application, the Managing Director shall invite the applicant to furnish the missing drawings, and, if the applicant complies with the invitation, the Managing Director shall accord as the filing date the date of receipt of the missing drawings; otherwise he shall accord as the filing date the date of receipt of the application and shall treat any reference to the drawings as non-existent.(5)Where no invitation under subsections (2) and (4) was sent to the applicant and the applicant nevertheless files a correction, pertaining to any of the requirements under subsection (1), to his application, the Managing Director shall accord as filing date the date of receipt of the correction, provided that the correction was received within thirty days from the date of application.(7)The Managing Director shall cause an examination to be carried out as to whether there are any of the following defects with respect to the application—(a)the request does not comply with the requirements of section 34(3) and the rules pertaining thereto;(b)the description, the claims and, where applicable, the drawings do not comply with the physical requirements prescribed by the regulations;(c)the application does not contain an abstract;(e)the fees referred to in section 39 have not been paid as provided for in the regulations or the payment of such fees has been waived under that section.(8)If the Managing Director finds any of the defects referred to under subsection (7), he shall invite the applicant to remedy such defects provided that any corrections made to the application shall not be such that they would require a change of the filing date and if the applicant does not comply with the invitation, the application shall be rejected by the Managing Director.(9)The details of the requirements and the procedure under this section shall be prescribed by the regulations.