The Industrial Property Act, 2001
patent
26
issued to the applicant in the prescribed form.
(2) Every patent granted under subsection (1) shall be registered, and sh all,
as soon as reasonably practicable, be published by the Managing Director in
the manner prescribed in the regulations.
Register of
Patents
46. (1) The Managing Director shall maintain a register in which all patents
granted under this Act shall be recorded and numbered in the order of grant,
and, in respect of each patent, where appropriate, its lapse for non -payment
of annual fees and all transactions to be recorded by virtue of this Act.
(2) Any person may, during working hours, inspect the register maintained
under subsection (1) and may, subject to the payment of the prescribed fee
and any regulations made under this section, obtain extracts therefrom.
(3) The details concerning the register shall be prescribed by the regulations.
Appeals
47.The applicant may appeal to the Tribunal against any decision by which
the Managing Director accords a filing date, rejects the application, treats the
application as if it had not been filed, considers any of the claims to be
withdrawn or refuses to grant a patent.
PART VI - INTERNATIONAL APPLICATIONS
Interpretation of
Part VI
48.For the purposes of this Part: “International application” means an international application filed in
accordance with the Patent Co-operation Treaty and the Regulations
established thereunder;
“Receiving Office, “designated Office,” “elected Office,” “international
publication,” “international search report,” “international preliminary
examination report,” and the words “to designate” and “to elect” have the
meanings respectively assigned to them in the Patent Co-operation Treaty.
Further functions
of the Institute
49. (1) The Institute shall act as a receiving Office where an international
application is filed with it by a national or a resident of Kenya.
(2) The Institute shall act as a designed Office or an elected Office in the
case of any international application in which Kenya is designated or elected
for a national patent.
(3) The functions of the Institute under this Part shall be performed in
accordance with the provisions of the Patent Co-operation Treaty, the
regulations made thereunder and the administrative instructions issued under
the said regulations and with the provisions of this Act and the regulations
pertaining thereto.
Provided that in case of conflict, the provisions of the Patent Co-operation
Treaty, the regulations and the administrative instructions issued thereunder