The fees set out in the Second Schedule shall be the prescribed fees for the purposes of these Regulations.

If, for a fee, a corresponding form is referred to in the Second Schedule, the fee is payable when the form is used, unless the Act or these Regulations provide for the fee to be payable at another time.

A fee paid in error may be refunded.

The Institute shall have one or more separate banking accounts for funds that the Institute receives to be held temporarily for other persons.

All funds described in paragraph (1) shall be paid into an account required under that paragraph.

This regulation applies with respect to publications of the Institute.

The Institute shall publish a journal to be called "The Industrial Property Journal".

Unless the Managing Director otherwise directs, the Industrial Property Journal shall be published monthly.

The Institute shall publish, from time to time, reports of cases relating to industrial property rights including decisions by the Tribunal or a court or other body, whether in Kenya or elsewhere.

The Institute may publish such other documents as it considers appropriate.

The Institute may provide for the sale of any of its publications.

The Managing Director may appoint a person to act as an advisor in relation to a proceeding or to perform any other function specified by the Managing Director.

Paragraph (1) does not authorize the Managing Director to make an appointment that the Board is authorised to make under section 12 of the Act.

This regulation applies with respect to section 29 of the Act.

The Managing Director shall, on request, issue a certificate certifying that a person has a right to inspect the files for the purposes of section 29(3) of the Act if the Managing Director is satisfied that the person has such a right.

A request for a certificate under paragraph (3) shall be in Form IP 2.

Paragraph (5)(b) does not apply with respect to anything done for the service of the Government by the Government or a person authorized in writing by the Government.

A person who contravenes paragraph (5) is guilty of an offence and is liable, on conviction, to a fine not exceeding six thousand shillings or, to imprisonment for a term not exceeding six months or to both.

This regulation applies with respect to a request referred to in section 34(1)(a) of the Act.

The request shall be in Form IP 3.

If there is more than one applicant, the request shall set out, in addition to an address for each applicant, a single address at which all the applicants can be contacted.

The title of the invention, required under section 34(3) of the Act, shall be short and precise.

The statement justifying the applicant’s right to the patent, required under section 34(3) of the Act if the applicant is not the inventor, shall be in Form IP 4.

The request shall be accompanied by an extra copy of the statement referred to in paragraph (8) for the inventor, or if.

The request shall not include anything that is not provided for in Form IP 3 or that is not required or allowed under the Act or these Regulations.

The Managing Director shall require the applicant to delete anything included contrary to subregulation (10).

This regulation applies with respect to a description referred to in section 34(1)(b) of the Act.

This regulation applies with respect to claims referred to in section 34(1)(c) of the Act.

The features set out in the claim under paragraph (2)(b) shall be preceded by the words "characterized in that", "characterized by", "wherein the improvement comprises" or any other words to the same effect.

A technical feature set out in a claim shall not rely on a reference to the description or drawings but a reference to a feature may be included in parentheses if the intelligibility of the claim can be increased by doing so.

The reference to a feature included under paragraph (4) shall be deemed to be included only for convenience.

A claim shall not include a drawing.

If more than one claim is included in the application, the claims shall be numbered consecutively in Arabic numerals.

An application may include two or more independent claims if each independent claim relates to a single product or a single process.

An application may include a claim stating the essential technical features of an invention with one or more following claims setting out particular embodiments of the invention.

If more than ten claims are included in the application, the application fee shall be increased by the excess claims fee payable for each of the claims in excess of ten.

This regulation applies with respect to drawings referred to in section 34(1)(d) of the Act.

This regulation applies with respect to an abstract referred to in section 34(1)(e) of the Act.

The summary required under paragraph (2)(b) shall indicate the technical field to which the invention relates and the principal use or uses of the invention.

The abstract shall be drafted in a way that it can be used efficiently for searching in the relevant technical field and so that it is possible for a reader to assess, from the abstract, whether the description should be consulted.

The abstract shall not include statements about the merits or value of the invention or about uses that are speculative.

If applicable, the abstract shall include the formula that best characterizes the invention.

Unless it is impractical, the abstract shall not contain more than one hundred and fifty words.

This regulation sets out general requirements for an application under section 34 of the Act.

All parts of the application shall be in English.

All pages of the application shall be on durable white paper with a matt finish of the size known as A4 paper (29.7 centimetres by 21 centimetres).

Each page of the application shall be oriented with the short side at the top.

The margins shall be completely blank.

Only one side of each page of the application, other than the request, shall be used.

The pages of the application shall be bound so that they can be easily separated and rejoined.

The pages of the application shall be free of cracks, creases and folds.

The application shall be in triplicate.

Every fifth line of the description and the claims shall be numbered with the number appearing to the left of the line but not in the margin.

All parts of the application must be prepared so that they are legible when they are photocopied or otherwise reproduced.

Notwithstanding paragraph (14), graphic symbols and characters, and chemical and mathematical formulae may be hand-written but must be dark and indelible.

The request may be hand-written, typed or printed but the text must be dark and indelible.

All parts of the application shall be reasonably free of over-writings, insertions between lines, deletions or other alterations.

All terms, signs and symbols used in the application shall be used consistently throughout the application and shall be the terms, signs and symbols generally accepted in the relevant field.

If anything is expressed in units other than metric units the equivalent in metric units shall also be given.

In this regulation, "specification" means the description, claims, drawings and abstract.

An application may be filed with a provisional specification.

For the purposes of section 35 of the Act, a group of inventions forms a single general inventive concept if there exists between or among those inventions a technical relationship that involves one or more of the same or corresponding special technical features.

In paragraph (1), "special technical features" means those technical features that define a contribution that each of the claimed inventions, considered as a whole, makes over the prior art.

This section applies with respect to an amendment or division of an application under section 36 of the Act.

A request for amendment or division of an application shall be in Form IP 5.

If the request is to amend a name, address or other contact information, the request shall be in Form IP 6.

The Managing Director may require proof that it is appropriate to make the requested amendment to a name, address or other contact information.

This regulation applies with respect to a declaration, referred to in section 37(1) of the Act, claiming the priority, as provided for in the Paris Convention, of one or more earlier national, regional or international applications.

If the number of the earlier application, as required under paragraph (2)(a), is not known at the time of making the declaration, a statement of that fact shall be included in the declaration and the declaration shall be amended to include the number within ninety days after the application containing the declaration is made.

A certified copy of the earlier application required by the Managing Director under section 37(2) of the Act shall be furnished within ninety days after the requirement was made.

This regulation applies with respect to a waiver of fees under section 39 (2) of the Act.

The Board may waive fees under section 39 (2) of the Act, in whole or in part, for a natural person who is unable to pay the fees.

A request for a waiver by the Board shall be submitted to the Managing Director in writing.

The payment of any fees for which a waiver is sought shall be deferred pending the decision by the Board.

The Managing Director shall communicate the Board’s decision to the applicant and any deferred fees that have not been waived shall be paid within 60 days after the date of that communication.

A withdrawal of an application under section 40 of the Act shall be in writing.

If there is more than one applicant, the application may only be withdrawn by all of the applicants.

This regulation prescribes the details of the requirements and procedure under section 41 of the Act.

If the Managing Director determines that the applicant has not complied with an invitation referred to in section 41(2) of the Act and, as a result, treats the application as if it had not been filed under section 41(3) of the Act, the Managing Director shall, within fourteen days after his determination, inform the applicant of the reasons for that determination.

If the Managing Director accords a filing date to the application under section 41 of the Act, the Managing Director shall send the applicant a certificate of filing, which shall be a copy of the request with the filing date and number marked on it.

This regulation applies with respect to the publication of a patent application under section 42 of the Act.

Before the patent application is published, the applicant shall pay the publication fee.

The Managing Director shall ensure that information about a patent application is kept confidential until the application is published.

This regulation prescribes the details of the requirements and procedure under section 43 of the Act.

Within thirty days after receiving a report on an international-type search, the Managing Director shall send a copy of the report to the applicant.

The time limit, referred to in section 43(3) of the Act, for the applicant to furnish a requested copy of a document, is ninety days after the date of the request.

If an applicant has a lawful reason under section 43(3) of the Act for not furnishing a requested copy of a document, the applicant shall inform the Managing Director of that reason within ninety days after the date of the request.

If the Managing Director rejects an application under subsection (2), (3), (4) or (5) of section 43 of the Act, the Managing Director shall, within thirty days after doing so, send the applicant a notice of the rejection.

The time limit for appealing to the Tribunal against a decision by which the Managing Director rejects an application under subsection (2), (3), (4) or (5) of section 43 of the Act is ninety days after the date of the notice of the rejection.

This regulation prescribes the details of the requirements and procedure under section 44 of the Act.

A request for an examination of an application, submitted under section 44 (2) of the Act, shall be in Form IP 8.

If an application is withdrawn after a request for an examination has been submitted but before the examination has begun, the fee paid with the request shall be refunded.

A notification by the Managing Director under section 44(8) of the Act of a refusal of a grant of a patent shall include written reasons for the refusal.

This regulation applies with respect to a patent granted under section 45 of the Act.

Before a patent is granted, the applicant shall pay the grant fee.

The patent shall be in Form IP 9 with a copy of the description, claims and drawings attached.

When a patent is issued, a certificate of a grant of a patent in Form IP 10 shall also be issued.

This regulation prescribes the details concerning the patent register under section 46 of the Act.

A person who wishes to obtain an extract from the patent register shall make a request in Form IP 11 for a certified copy or in Form IP 12 for an uncertified copy.

An international application in which Kenya is designated shall, on request, be treated as an application under the Act if the conditions set out in Article 22 or 39 of the Patent Co- operation Treaty and the applicable rules under that Treaty are satisfied.

A request under paragraph (1) shall be in Form IP 13.

An international application in which Kenya is designated shall, on request, be treated as an application under the Act if a refusal, declaration or finding described in Article 25 of the Patent Co-operation Treaty was made and the refusal, declaration or finding was the result of an error or omission on the part of the receiving Office or the International Bureau.

A request under paragraph (1) shall be in Form IP 14 and shall be accompanied by a statement of the facts upon which the applicant relies.

The date of filing, for the purposes of the treatment of an international application as a national application, shall be the date of filing of the international application under the Patent Co-operation Treaty.

A request to have a regional application treated as an application under the Act shall be in Form IP 15.

The date of filing, for the purposes of the treatment of a regional application as a national application, shall be the date of filing of the regional application under the ARIPO Protocol.

The publication of an application under paragraph (1) shall be in the Kenya Gazette or in the Industrial Property Journal.

This regulation applies with respect to annual fees under section 61 of the Act.

A fee shall be paid by submitting the fee along with Form IP 16.

At least one month before a fee is due, the Managing Director shall send a reminder that the fee is due to the applicant or the owner of the patent.

If, under section 61(3) of the Act, an application is deemed to have been withdrawn or a patent lapses, the Managing Director shall send a notification to the persons specified in paragraph (6), within thirty days after the application is deemed to have been withdrawn or the patent lapses.

If an application or patent has lapsed and the time for making a request under section 61(5) of the Act to restore the application or patent has expired without a request being made or a request was made but was denied, the Managing Director shall, within forty-five days after the time expired or the request was denied, notify the applicant or owner of the lapse and draw their attention to the provisions of section 61(3) of the Act.

There is no fee for the first year following the date of filing of the application.

For an international application, the only annual fees that are payable are those due after the application enters the national phase.

This regulation applies with respect to section 62 of the Act.

An application to have a change of ownership recorded in the patent register shall be in Form IP 18.

An application to have a change of ownership recorded may be made by the former owner or the new owner.

The Managing Director shall ensure that the instrument described in paragraph (4)(a), and its contents, is kept confidential except to the extent that the new owner agrees otherwise.

If the ownership of an application is changed, the new owner shall be deemed to be the applicant.

This regulation applies with respect to petitions for registration of licence contracts or modifications to licence contracts in the patent register under section 68 of the Act.

A petition shall be in Form IP 20.

This regulation applies with respect to licence contracts registered under section 70 of the Act.

The certificate of registration under section 70(1) of the Act shall be in Form IP 21.

The additional information set out in paragraph (3) shall be published along with the information that is required to be published under section 70(5) of the Act.

The information required to be published under section 70(5) of the Act shall be published by the Managing Director.

This regulation applies with respect to entries in the patent register under section 79 of the Act to the effect that licences are to be available as of right.

A request under section 79(1) of the Act to have an entry made shall be in Form IP 22.

The request shall be accompanied by an undertaking of the owner to grant licences under section 79 of the Act.

When the Managing Director notifies the licensees of the request under section 79(2) of the Act he shall also notify them of their right to object under section 79(3) of the Act.

The period within which a licensee may object under section 79(3) of the Act is 45 days after the date of the Managing Director’s notification to the licensee of the request.

A licensee may object under section 79(3) of the Act by giving a notice of opposition in Form IP 23 in duplicate to the Managing Director.

Paragraph (3) to (20) of regulation 49 apply, with necessary modifications, with respect to an objection under section 79(3) of the Act.

The publication of an entry under section 79(4) of the Act shall be in the Kenya Gazette or in the Industrial Property Journal.

A request under section 79 (7) of the Act to cancel an entry shall be in Form IP 24.

The publication of a cancellation under section 79(7) of the Act shall be in the Kenya Gazette or in the Industrial Property Journal.

This regulation applies with respect to section 80 of the Act.

An application to the Cabinet Secretary for an order under section 80(1) of the Act shall be in Form IP 25.

A request under section 80(7) of the Act to have an order revoked shall be in writing.

Subject to paragraph (2), these Regulations apply, with necessary modifications, with respect to utility model certificates as though these Regulations referred to utility model certificates instead of to patents.

Regulations 27, 28, 29(3) and (4) and 31 to 35 do not apply with respect to utility model certificates.

A utility model certificate shall be in Form IP 26.

The Managing Director shall maintain a register of industrial designs for the registration of industrial designs under Part XIII of the Act.

A person who wishes to obtain an extract from the register of industrial designs shall make a request in Form IP 11 for a certified copy or in Form IP 12 for an uncertified copy.

This regulation applies with respect to an application to register an industrial design under section 87 of the Act.

The application under section 87(1)(a) of the Act shall be in Form IP 27.

Subject to paragraph (4), there shall be a separate application for each article embodying the industrial design.

There may be a single application for a set of articles embodying the industrial design if the articles in the set are intended to be used together.

The application, representations and all documents provided with them shall be on paper of a size known as A4 paper (29.7 centimetres by 21 centimetres) with a weight of at least 80 grams per square metre and each page shall have a left hand margin of approximately 2.5 centimetres.

If the design includes a reproduction of arms registered under the College of Arms Act (Cap. 98)or a specified emblem within the meaning of that Act, the application shall be accompanied by the consent to the registration of the reproduction of the arms or specified emblem from such person as appears to the Managing Director to be entitled to give such consent.

Regulations 21 and 24(2), (3) and (5) apply, with necessary modifications, with respect to the application, under section 87(7) of the Act, of sections 37 and 41(2) and (3) of the Act.

The Managing Director shall publish a notice of an application to register an industrial design in the Kenya Gazette or in the Industrial Property Journal.

Before the notice is published, the applicant shall pay the publication fee.

This regulation applies with respect to opposition to an application to register an industrial design under section 87 of the Act.

Within 60 days after the notice of the application is published a person may oppose the application by giving a notice of opposition in Form IP 23 in duplicate to the Managing Director.

The notice of opposition shall set out the grounds for opposing the application.

The Managing Director shall give one copy of the notice of opposition to the applicant.

Within 42 days after receiving the notice of opposition, the applicant shall give a counter-statement in Form IP 28 in duplicate to the Managing Director.

The counter-statement shall set out the grounds the applicant relies upon to support the application and shall set out any facts alleged in the notice of opposition that the applicant admits.

The Managing Director shall give one copy of the counter-statement to the person opposing the application.

Within 42 days after receiving the counter-statement, the person opposing the application shall give to the Managing Director and to the applicant a statutory declaration or affidavit supporting the opposition to the application.

Within 42 days after receiving the statutory declaration or affidavit of the person opposing the application, the applicant shall give to the Managing Director and to the person opposing the application a statutory declaration or affidavit supporting the application.

Within one month after receiving the statutory declaration or affidavit of the applicant, the person opposing the application may give to the Managing Director and to the applicant a statutory declaration or affidavit replying to the applicant’s statutory declaration or affidavit.

A statutory declaration or affidavit replying to the applicant’s statutory declaration or affidavit shall be confined to matters strictly in reply.

If the applicant fails to provide a counter-statement under paragraph (5) or a statutory declaration or affidavit under paragraph (9) the application shall be deemed to have been withdrawn.

If the person opposing the application fails to provide a statutory declaration or affidavit under paragraph (8), the opposition to the application shall be deemed to have been withdrawn.

After all documents have been provided the Managing Director shall conduct a hearing of the matter.

The Managing Director shall give at least 14 days notice of the hearing to each party.

A party may be heard at the hearing only if the party provides the Managing Director with a notice in Form IP 29 at least seven days before the date of the hearing.

At the hearing no evidence other than the evidence provided by statutory declaration or affidavit may be introduced without the leave of the Managing Director.

The Managing Director shall give each party a written notice of his decision together with written reasons.

If there is more than one person opposing the application the Managing Director may provide for the objections to be dealt with at the same hearing.

A party may appeal the Managing Director’s decision to the Tribunal within ninety days after the date of the notification of the decision.

This regulation applies if there is no opposition to an application to register an industrial design under section 87 of the Act.

The Managing Director shall notify the applicant in writing of his decision.

If the Managing Director decides to refuse to register the industrial design, the applicant may, within thirty days after the date of the notification of the decision, request that the Managing Director provide written reasons for his decision.

A request under paragraph (5) shall be in Form IP 30.

The Managing Director shall comply with a request under paragraph (5) within forty- five days after the request is made.

This regulation applies with respect to section 87(8) of the Act.

Before an industrial design is registered under section 87(8) of the Act, the applicant shall pay the registration fee.

A certificate of registration issued under section 87(8) of the Act shall be in Form IP 31.

This regulation applies with respect to section 88 of the Act.

At least ninety days before the expiry of the registration of an industrial design, the Managing Director shall send a reminder of the impending expiry to the owner.

An application for a renewal under section 88(2) of the Act shall be in Form IP 32.

If a registration is renewed, the Managing Director shall register the renewal and issue a certificate of renewal.

This regulation applies with respect to section 89 of the Act.

An application for restoration of the protection granted to an industrial design under section 89 (1) of the Act shall be in Form IP 33.

The application shall be accompanied by a statutory declaration or affidavit supporting the application and by an application for renewal in Form IP 32.

Before rejecting an application, the Managing Director shall send a written notice to the applicant explaining the reasons for proposing to reject the application and inviting the applicant to request a hearing within sixty days after the date of the invitation.

The Managing Director shall notify the applicant in writing of his decision and, if the Managing Director decides to reject the application, the notification shall include written reasons for his decision.

The applicant may appeal the Managing Director’s decision to the Tribunal within ninety days after the date of the notification of the decision.

Publication of a restored design under section 89(5) of the Act shall be in the Kenya Gazette or in the Industrial Property Journal.

The Managing Director shall maintain a register of technovation certificates for the registration of technovation certificates under Part XIV of the Act.

The Managing Director shall ensure that the register of technovation certificates is kept confidential.

A technovator may apply to the Managing Director to have his technovation certificate registered.

An application under paragraph (1) shall be in Form IP 36.

The application shall be accompanied by a certified copy of the technovation certificate.

This regulation applies with respect to the surrender of a patent, utility model or industrial design registration certificate under section 102 of the Act.

A surrender shall be in Form IP 38.

The publication of a surrender under section 102(3) of the Act shall be in the Kenya Gazette or in the Industrial Property Journal.

An appointment of an agent shall be in Form IP 39.

An application for admission to practice before the Institute shall be in Form IP 40.

The Managing Director shall maintain a register in which the persons admitted to practice before the Institute are recorded.

Each person admitted to practice before the Institute shall pay an annual fee to maintain his admission.

No annual fee is required for the first year of admission.

A person’s admission expires on the anniversary of his admission unless the annual fee for the upcoming year has been paid.

An annual fee shall be paid by submitting the fee along with Form IP 41.

A request for a copy of a lost or destroyed certificate shall be in Form IP 42.

A request for a copy of a lost or destroyed certificate shall be accompanied by a statutory declaration or affidavit supporting the assertion that the certificate has been lost or destroyed.

Proof that a notice or other document was given, sent or served shall be in Form IP 46.

A notice or document that is mailed shall be deemed to have been given, sent or served on the day the notice or document would be delivered in the ordinary course of post.

A form that is required to be signed on behalf of a corporation shall, unless it is signed by an agent, be signed by a director of the corporation or the secretary of the corporation.

Documents provided to the Managing Director shall be in English.