The Industrial Property Act, 2001
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order as to form be the subject of an international type search.
(2) When a direction under subsection (1) is made, the Managing Director
shall invite the applicant to pay the prescribed fees, and if the applicant does
not comply with the invitation, the application shall be rejected.
(3) Upon receipt of the report on the international-type search, the Managing
Director may cited request the applicant to furnish him with a copy of any
document in the report and if without lawful reason, any copy is not
furnished within the prescribed time limit, the application shall be rejected.
(4) If it is apparent from the report on the international-type search or from
the declaration on the non-establishment of the report, that the subject of the
application or of any claim or claims is not an invention, the Managing
Director shall reject the defective application or consider the defective claim
or claims to be withdrawn, as the case may be, unless the applicant satisfies
him that the subject of the application or claims constitutes an invention.
(5) If it is apparent from the report on the international-type search or from
the declaration on the non-establishment of the report, that:(a) the description, the claims or, where applicable, the drawings do not
comply, in whole or in part, with the prescribed requirements to such an
extent that no meaningful search could be carried out; or
(b) the application does not comply, in whole or in part, with the
requirements of unity of invention prescribed by section 35 and the rules
pertaining thereto; or
(c) the invention claimed in the application does not fulfil the requirements
of novelty, the Managing Director shall reject the application unless the
applicant either satisfies him that the requirements have been fulfilled or
amends or divides the application so as to comply with the requirements.
(6)The details of the requirements and the procedures under this section
shall be prescribed by the regulations.
Examination as
to substance
44. (1) The Managing Director may by notice in the Kenya Gazette or in the
Industrial Property Journal: (a) direct that applications for patents relating to a specified field or
specified technical fields shall be the subject of an examination as to
substance; or
(b) amend any direction issued pursuant to paragraph (a).
(2)Where an application for a patent satisfies the requirements specified in
subparagraph (7) of section 41 and the subject matter thereof does not fall
within a technical field specified under subsection (1) of this section, the
Managing Director shall so notify the applicant who shall, within three years
from the filing date of the application, submit a request in the prescribed