The Industrial Property Act, 2001
rights
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industrial or commercial purposes and in particular not to acts done for
scientific research.
(2) The rights under the patent shall not extend to acts in respect of articles
which have been put on the market in Kenya or in any other country or
imported into Kenya.
(3) The rights under the patent shall not extend to the use of articles on
aircraft, land vehicles or vessels of other countries, which temporarily or
accidentally enter the airspace, territory, or waters of Kenya.
(4) The rights under the patent shall be limited by the provisions of the terms
of the patent.
(5) The rights under the patent shall be limited by the provisions on
compulsory licences for reasons of public interest or based on
interdependence of patents and by the provisions on State exploitation of
patented inventions.
(6) The rights of the patent shall not extend variants or mutants of living
forms or replicable living matter that is distinctively different from the
original for which patents were obtained where such mutants or variants are
deserving of separate patents.
ARIPO Protocol
on Patents
59. A patent, in respect of which Kenya is a designated state, granted by
ARIPO by virtue of the ARIPO Protocol shall have the same effect in Kenya
as a patent granted under this Act except where the Managing Director
communicates to ARIPO, in respect of the application thereof, a decision in
accordance with the provisions of the Protocol that if a patent is granted by
ARIPO, that patent shall have no effect in Kenya.
PART VIII - TERM OF PATENT AND ANNUAL FEES
Term of patent
60.A patent shall expire at the end of twenty years from the filing date of the
application.
Annual fees
61. (1) In order to maintain the application or the patent, an annual fee shall
be paid in advance to the Institute which shall fall due on the eve of each
anniversary of the date of filing of the application or the patent, and shall be
paid in the manner prescribed in the regulations.
(2) A grace period of six months shall be granted for the payment of the
annual fees upon payment of such surcharge as may be prescribed from time
to time.
(3) If an annual fee is not paid in accordance with this section, the
application be deemed to have been withdrawn or the patent shall lapse and
respective invention shall cease to be protected.
(4) The Managing Director shall forthwith publish the lapse of any patent