The Industrial Property Act, 2001
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(d) if on the consideration of an application at any time it appears to the
Minister responsible for defence or the concerned Minister that the
publication of the application, or the publication or communication of the
information, contained in it would not, or would no longer, be prejudicial to
the defence of Kenya or the safety of the public, he shall give notice to the
Managing Director to that effect; and
(e) on receipt of a notice under paragraph (d), the Managing Director shall
revoke the directions and may, subject to such conditions as he may deem
fit, extend the time for doing anything required or authorised to be done by
or under this Act in connection with the application, whether or not that time
had previously expired.
(5) The Minister responsible for defence or the concerned Minister may, in
determining a question under paragraph (c) of subsection (4): (a) at any time after, or, with the consent of the applicant, before the expiry
of the period prescribed for the purposes of section 42, consider the
application and any documents submitted in relation thereto; or
(b) where the application contains information relating to the production or
use of atomic energy or research into matters connected with such
production or use, authorise the National Council for Science and
Technology to study the application and any documents sent to the
Managing Director in connection therewith and report to him as soon as it is
reasonably practicable on the utility or otherwise of the patent
applied for.
(6) Where directions have been given under this section in respect of an
application for a patent for an invention and the period prescribed in relation
thereto expires, and while such directions are still in force, an application is
brought for the grant of a patent, then: (a) if while the directions are in force, the invention is used by or with the
written authorization of or on the order of a Government Ministry,
Department or agency, the provisions of section 80 shall apply as if:(i) the use was made pursuant to the provisions of that section;
(ii) the application had been published at the end of that period; and
(iii) a patent had been granted for the invention at the time the application is
brought for the grant of a patent, taking the terms of the patent to be those of
the application as at the time it was so brought; and
(b) if it appears to the Minister responsible for defence or the concerned
Minister that the applicant for the patent has suffered hardship by reason of
the continuation in force of the directions, he may, with the consent of the
Ministry responsible for finance, make such payment by way of
compensation to the applicant, as appears to be reasonable having regard to
the inventive merit and utility of the invention, the purpose for which it is