The Industrial Property Act, 2001
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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.
(6) Where the request is accompanied by the statement on the right to the
patent, the Managing Director shall send a copy of the statement to the
inventor and the inventor shall have the right to inspect the application and
to receive, at his own expense, a copy thereof.
(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;
(d) the applicant has not complied with a request of the Managing Director
under section 38; or
(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.
Publication of
application
42. (1) The Managing Director shall publish the application as soon as
possible after the expiration of eighteen months from the filing date or,
where priority is claimed, the date of priority.
(2) For the purpose of subsection (1), in the case of applications claiming
priority, the term of eighteen months shall be construed from the original
filing date and in the case of applications with two or more priority claims,
the period shall be construed from the earliest priority dates.
(3) The publication of the patent application shall be effected by publishing
the particulars set out in the regulations, in the Kenya Gazette or in the
Industrial Property Journal.
International type
search
43. (1) The Managing Director may instruct that any application found in
order as to form be the subject of an international type search.