• Design fees

Fees associated with filing industrial design applications in Kenya as well as other design fees are available in the fee calculator.

• Multiple design applications

Multiple design applications are possible provided that all designs are set to be embodied in a single set of articles and belong to the same class.

• Filing requirements in Kenya

English is the official language of the proceedings before the Kenyan IP Office.

To obtain the filing date, it is necessary to provide:
- applicant’s name;
- representation of the design;
- filing fee.

A certified copy of the Priority Document should be provided within three months from the filing date. No notarization or legalization is required. If the Priority Document is not in English, English translation thereof is required.

Simply signed Power of Attorney can be filed later.

If the applicant is not the creator of the design, a statement justifying applicant’s right to registration of the industrial design should be filed with the Office. It may be filed later.

• Examination of an industrial design in Kenya

Applications are examined as to compliance with formal requirements only.

• Novelty grace period

Disclosure of the design shall not be taken into consideration if it occurred not earlier than 12 months before the filing date or, where applicable, the priority date of the application and if it was by reason or in consequence of:
- acts committed by the applicant or his predecessor in title; or
- an evident abuse committed by a third party in relation to the applicant or his predecessor in title.

• Grant, validity term and design renewal fees

The grant fee for an industrial design should be paid before the design is registered. Industrial design registration in Kenya is valid for five years from the filing date and may be renewed two times for further 5-year terms. The renewal fee should be paid within 12 months before the current registration expires. Late payment may be effected within six months after the above term provided that the surcharge is paid.

• Duration of registration procedure

Approximate time from filing to registration of an industrial design in Kenya is 7-10 months.

• Representation by a patent attorney

For foreign applicants, it is necessary to be represented by a local agent, a registered Kenyan patent attorney.

•  Notes

1. Online search database for ARIPO Industrial Designs.
2. Upon filing a design application in Kenya, a search is conducted to verify the novelty of the design. If the design is found to lack novelty, the applicant is notified and given two months to request a hearing or submit written objections. Subsequently, the application is published, and within 60 days of publication, any opposition must be filed along with a notice detailing the grounds for opposition. Following this process, a registration certificate is issued.

Brief summary is based on the information provided by B M Musau & Co., Advocates LLP on 27.02.2024
Please contact us if the above information is not in conformity with Kenyan IP Laws