Annual Technical Report 2002 on Patent Information Activities submitted by Kenya (SCIT/ATR/PI/2002/KE)

 

Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.

The term "patent" covers utility models and Supplementary Protection Certificates (SPCs). Offices which issue design patents should report their design patent information activities in their Annual Technical Reports on Industrial Design Information Activities.

 

I. Evolution of patent activities

In the year 2002, there was a 33% increase in patent applications compared to the previous year. However, few applications were granted in the same year because of changes in the national law. A new law came into effect in May 2002 which necessitated lots of changes in the office.

The number of applications filed by non-residence went down considerably due to use of PCT system designating Kenya via ARIPO office, while applications by residence went up by about 62% during the same year. The Republic of Kenya is a full member of the Harare Protocol. ARIPO, which is governed by the Harare Protocol, grants patents on behalf of Member States. Therefore any applicants can seek protection in Kenya through ARIPO, likewise Kenyan citizens and residence can seek protection of their inventions through ARIPO.

Patent protection is granted to inventions belonging to all fields of science and technology, including medical products. In Kenya, patent protection is not extended to plants or animal varieties and method of treatment of human or animal body and diagnostic of the same. There was a rapid increase in respect to application filed with herbal medicine and pharmaceutical background.

II. Matters concerning the generation, reproduction, distribution and use of primary and secondary sources of patent information

The main official publications concerning the patents, utility models and industrial design is done in Kenya Industrial Property Journal. The Industrial Property Journal was started in the year 2002 after the new Act came into force

Mass media uses paper as a data carrier, however, there is a move to store them as PDF in the computer hard disc.

Word processing is mainly based on personal computers, several personal computers were bought for processing of applications by examiners.

III. Matters concerning abstracting, classifying, reclassifying and indexing of technical information contained in patent documents

Patents applications are classified using the international patent classification (IPC).

IV. Search file establishment and upkeep

The collection of patent documents comprises over 12 million documents from different countries. Espace series and cassis CD ROMs and DVD ROMs are used as part of search files.

V. Activities in the field of computerized and other mechanized search systems

The Institute carries out internal searches using existing external databases. The Institute also has a LAN running on Windows NT 4.0 Server. Considering the new development in the field and increasing information needs between patent offices, the Office is in the process of acquiring increased internet service provider with increased speed on or before the year 2004.

VI. Administration of the industrial property office library and services available to the public (relating to facilities, e.g., for lodging applications, for assisting clients on searching procedures, for obtaining official publications and registry extracts)

The public can obtain publications from the patent information center of the Institute, which also offers search services and assistance in filing applications. The information center carries searches using CD/DVD Roms. The following CD/DVD ROMs collections are available:

Korea Patent Abstract
Espace Bulletin
Espace Legal
Espace World
Global Pat
US Patent Search
US Patent BIB
USA Pat
PAJ Patent Abstract of Japan

VII. Matters concerning mutual exchange of patent documentation and information

The Institute has been able to receive gazettes and CD-ROMs from the following offices:
1.Korea Industrial Patent Office
2.European Patent Office
3.USPTO
4.Japan Patent Office
5.ARIPO
In the year 2002, we started sending a copy of Kenya Industrial Property Journal to ARIPO.

VIII. Other relevant matters concerning education and training in, and promotion of, the use of patent information, including technical assistance to developing countries

The Institute held several seminars and outreach activities such as participating in trade fairs, shows and industrial visits during the year. In the same year, the Institute also hosted several delegates from different countries in Africa on fact-finding missions. At the same time, several patent examiners underwent training offered by developed countries.

IX. Other relevant matters

 

1.Classification is allotting one or more classification symbols (e.g., IPC symbols) to a patent application, either before or during search and examination, which symbols are then published with the patent application.

 

2.Preclassification is allotting an initial broad classification symbol (e.g., IPC class or subclass, or administrative unit) to a patent application, using human or automated means for internal administrative purposes (e.g., routing an application to the appropriate examiner).  Usually preclassification is applied by the administration of an office.

 

3.Reclassification is the reconsideration and usually the replacement of one or more previously allotted classification symbols to a patent document, following a revision and the entry into force of a new version of the Classification system (e.g., the IPC).  The new symbols are available on patent databases.