Term of a patent and annual fees

Term of a patent

 

A patent expires at the end of twenty years from the filing date of the application.

Annual fees

In order to maintain the application or the patent, an annual fee is payable in advance to the Institute. The fee is due on the eve of each anniversary of the date of filing of the application or the patent. The fee should be paid by submitting the fee along with Form IP 16. Click Schedule of fees to see the fees payable.

A grace period of six months is granted for the payment of the annual fees upon payment of a surcharge as may be prescribed from time to time.

If an annual fee is not paid, the application is deemed to be withdrawn or the patent lapses and the respective invention ceases to be protected.

Restoration

Within six months from the expiration of the grace period referred to above, any interested person may, upon payment of the prescribed fee, request the Institute to restore an application that is deemed to have been withdrawn, or a patent that has lapsed.

Where a patent is restored, no proceedings shall be brought in respect of the patent with respect to any acts performed after the lapse of the patent and before the date of the order for restoration; or with respect to any acts performed after the date of the order of restoration in relation to articles imported into or manufactured in Kenya, after the lapse of the patent and before the date of the order for restoration.

 

See also

Rights and obligations of a patent holder.

 

 


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