The Industrial Property Act, 2001
Application
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34. (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 practise 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 the designation of the
agent in the request or by furnishing a power of attorney signed by the
applicant and, where subsection (2) applies, the agent shall be designated in
the request.
(5) The description shall disclose the invention and at least one mode for
carrying out the invention in such full, clear, concise and exact terms as to
enable any person having ordinary skills in the art to make use and to
evaluate the invention and that description shall include any drawing and
relevant deposits as in the case of micro-organisms and self-replicable
material which are essential for the undertaking 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.
Unity of
inventions
35. (1) The application shall relate to one invention only or to a group of
inventions so linked as to form a single general inventive concept.
(2) The regulations shall contain rules concerning compliance with the
requirements of unity of inventions under subsection (1).
(3) The fact that a patent has been granted on an application that did not
comply with the requirements of unity of inventions shall not be a ground
for the invalidation or revocation of the patent.