Filing a patent in Kenya is only the first step in protecting an invention. Once the application reaches the Kenya Industrial Property Institute (KIPI), a structured and time-bound process begins.

Many applicants are often unsure of what follows, yet understanding the post-filing stages is essential because it helps plan your timelines, respond to official notices, and increase your chances of securing legal protection.

This guide explains what happens immediately after submitting a patent application, how long each stage takes, and what responsibilities follow after a patent is granted.

1. Acknowledgment and Filing Date Assignment

After you submit your patent application, KIPI issues an official filing receipt.
This document assigns a filing date, which becomes the priority date for your invention.

This date is extremely important because it determines who owns the invention if multiple applications for similar technologies are filed later.
You also receive an application number, which you will use for all future correspondence with KIPI.

2. Formality Examination

Once the filing date is set, the application undergoes a formality check.
KIPI examines whether:

• All mandatory documents are attached

• Fees have been paid in full

• The application meets structural requirements

• Drawings and abstracts adhere to KIPI formatting standards

If minor errors are found, KIPI issues a notice requesting corrections within a specific timeline.
Failure to comply may lead to abandonment of the application.

For more details on formality guidelines, you may review reference material provided by KIPI through their official resources.

3. Publication in the Industrial Property Journal

Once your application passes the formality stage, it is scheduled for publication in the Kenya Industrial Property Journal.
This usually happens 18 months after the filing or priority date.

Publication serves two main purposes:

• It informs the public of your invention.

• It allows third parties to oppose the patent if they believe it infringes on existing rights.

At this stage, your basic patent information becomes publicly accessible.

4. Request for Substantive Examination

After publication, a substantive examination must be requested.
KIPI does not conduct this examination automatically—you must apply and pay for it separately.

During substantive examination, KIPI checks:

• Novelty – Is your invention new?

• Inventive step – Does it demonstrate creativity beyond obvious solutions?

• Industrial applicability – Can it be made or used in industry?

• Patentability restrictions – Is the subject matter allowed under Kenyan law?

If you need technical guidelines, you can explore international manuals such as the WIPO Examination Guidelines.

5. Opposition Period

After publication, third parties have an opportunity to oppose the application.
An opposition is usually based on reasons such as:

• Lack of novelty

• Existing prior patents

• Insufficient disclosure

• Public morality concerns

If an opposition is filed, KIPI arranges a hearing where both parties present their arguments.
A final decision is then issued.

6. Decision to Grant the Patent

If the application satisfies all requirements—and no opposition succeeds—KIPI issues a Notice of Allowance.
This means your patent is ready for registration.

You will be required to:

• Pay the grant and sealing fees

• Ensure all documentation is finalized

Once processed, KIPI issues a certificate of grant, officially recognising you as the patent owner for 20 years from the filing date.

7. Post-Grant Duties and Responsibilities

Receiving the patent certificate is not the end of the journey.
Patent owners must fulfill ongoing responsibilities to keep their rights active.

a. Paying Annual Renewal Fees

Renewals begin from the 2nd year after filing and continue every year.
Failure to pay can result in lapse or cancellation of the patent.

b. Monitoring Infringement

KIPI does not enforce your patent rights.
The responsibility to monitor and address infringement lies entirely with the patent owner.

c. Licensing and Commercialisation

After grant, you can license, franchise, or sell your patent.
You may also register licensing agreements with KIPI for legal recognition.

Resources on licensing can be explored through WIPO’s SME Portal

8. International Protection Options

If you want to protect your invention beyond Kenya, you can file through the ARIPO or PCT systems, both of which Kenya participates in.

• ARIPO regional filing

• WIPO PCT system

These systems help you secure protection in multiple countries through a single application.

Understanding what happens after filing a patent in Kenya helps you navigate each stage with confidence.
The process involves examination, publication, responses to objections, and eventual granting.
Although it may seem lengthy, each step ensures that genuine inventions are protected effectively under Kenyan law.

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