Utility Models in Kenya: A Look into CIPIT’s Industrial Intellectual Properties Database
Introduction
In today's rapidly evolving world, access to comprehensive information is the cornerstone of progress. When it comes to intellectual property rights, particularly utility models, having a reliable and user-friendly database can make all the difference. The Center for Intellectual Property and Information Technology Law (CIPIT) offers an invaluable resource for innovators, entrepreneurs, and researchers in Kenya.
Utility models also known as innovation patents or petty patents are a form of intellectual property rights that exist in some countries.1 Utility models afford protection for inventions that are considered to have a lower level of inventiveness or innovation compared to those eligible for patents.2 They are generally granted for modifications to existing inventions or incremental improvements to existing inventions rather than groundbreaking inventions. In Kenya, utility models fall under the Industrial Property Act, no. 3 of 2001.3
CIPIT's Industrial Intellectual Properties Database is a valuable resource for innovators who are seeking information about utility models. It is a comprehensive and user-friendly industrial intellectual properties database designed to collate data on the status of formalized industrial intellectual property rights. The database encompasses an extensive collection of information pertaining to industrial designs, patents, trademarks, and utility models. In this blog post, we will explore how CIPIT's Industrial Intellectual Properties Database is poised to develop the way we access and utilize information about utility models.
Ancillary Information on Utility Models
Utility models are similar to patents but they have a shorter registration period and less stringent requirement. Here is some supplemental information with respect to utility models in Kenya:
- Utility Model Requirements
To qualify for a utility model, an invention must meet the following requirements:4
- New: The invention must not have been disclosed to the public anywhere in the world before the filing date of the application.5
- Industrially applicable: The invention must be capable of being used in a process or in a product.6
- Inventive step: The invention must not be obvious to a person skilled in the art.
- Duration of Protection
In Kenya, utility model protection typically lasts for 10 years from the date of filing the application.7 The protection is not renewable and therefore once the 10-year protection period expires, the invention becomes public domain and anyone can use it without permission.8
It is important to note that utility model protection is territorial, meaning that it only applies in the country where the utility model is registered. If you want to protect your invention in multiple countries, you will need to file a utility model application in each country.9
A patent application can be changed into to an application for a utility model certificate, and vice versa, in Kenya.10 This is provided that the application is converted before the grant or refusal of the patent or utility model certificate.11
Navigating the Utility Models section of the Industrial IP Database
In the Industrial IP Database, the utility model section contains information on the application number, the title of the invention, the applicant, the applicant’s nationality, the area code and applicant’s body which can be natural or juristic.
The CIPIT Industrial Intellectual Property Database is easy to use. The website allows one to search for existing registered utility models in Kenya. One can use the search bar to search for a utility model by keying in the application number, the title of the invention or the applicant’s name. Here is a simple outline on how to use the website’s search bar:
- Application number: One can search the website by keying in the application number of a specific utility model, such as “KE/U/13/00328,” and it will respond by providing all the relevant details associated with the utility model.
- Title of the invention: One can also search the website by keying in the title of the invention. For instance, one can key in “door,” the platform will then show 11 results of inventions involving doors.
- Applicant: For example, if you search “Navin Chandra,” the website will show you 50 results including various types of utility models invented by Navin Chandra.
- Nationality: One can also use the search bar to look for utility models attributed to a particular nationality. For example, if one searches “Kenya,” it will show there are 562 utility models contained on the website.
- Body: The website allows one to search for a utility model based on the body, it can either be juristic or natural.
Registration Process for Utility Models in Kenya
Outlined below is a simplified step-by-step process for registering and maintaining utility models.12Initiating the registration process in Kenya entails several key steps. To begin, a preliminary search should be conducted to ensure the novelty of the model and ascertain it hasn't already been registered by someone else. This search can be performed using resources provided by the Kenya Industrial Property Institute (KIPI) to check for existing utility models.13
Next, the applicant must prepare the utility model application, which includes providing details such as the title of the utility model, the applicant's name and address, and a comprehensive description accompanied by drawings or diagrams.14 Following this, the applicant fills out the utility model application form provided by KIPI.
After the application is prepared, the applicant must file it by paying the required application fee and submitting the completed form along with the fee to KIPI. The utility model application then undergoes a formal examination by KIPI to ensure it meets the necessary requirements and formalities.15
If the application passes the formal examination, it proceeds to the publication stage, where details of the application are published in the Kenya Industrial Property Journal for public review.16During the publication period, which typically lasts around 60 days, interested parties can oppose the registration of the utility model if they believe it shouldn't be registered.
Following the opposition period, or after resolving any oppositions, KIPI conducts a substantive examination to assess the novelty and inventiveness of the utility model. If it meets the required criteria, KIPI grants the applicant a utility model certificate, confirming its registration.
Subsequently, the applicant is responsible for paying annual maintenance fees to keep the utility model registration in force. In the event of infringement of the utility model rights, the applicant can enforce their intellectual property rights by seeking legal remedies against infringing parties through the Kenyan legal system.17
Conclusion
The CIPIT Industrial Intellectual Property Database is a valuable resource for innovators who are seeking information about utility models. It is easy to use and provides comprehensive information about utility models in Kenya. A centralized database for industrial intellectual property information in Kenya is a valuable tool that would improve access to information, facilitate the registration process, reduce the risk of infringement, and support research and development. In the case of utility models, the website is a useful tool for innovators who would like to search for existing registered utility models.
Image is from zuykov.com
1 Muma, A., 2018. Intellectual Property and Innovation Law in Kenya and Africa.
2 Sihanya, B., 2008. Intellectual property and mentoring for innovation and industrialization in Kenya.
3 Industrial Property Act, no. 3 of 2001.
4 Sihanya, B., 2018. Integrating Intellectual Property, Innovation, Transfer of Technology and Licensing in Kenya and Africa. In Wipo-Wto Colloquium Papers: 2018 Africa Edition (p. 1).
5 < Utility models (wipo.int)> on 16 February 2024.
6 < Utility models (wipo.int)> on 16 February 2024.
7 Wekesa, M. and Shihanya, B., 2009. Intellectual property rights in Kenya. Konrad Adenauer Stiftung.
8 Kibia, D.W., 2019. Arbitrability of Intellectual Property Disputes in Kenya (Doctoral dissertation, University of Nairobi).
9< Utility models (wipo.int)> on 16 February 2024.
10 Sihanya, B., 2018. Integrating Intellectual Property, Innovation, Transfer of Technology and Licensing in Kenya and Africa. In Wipo-Wto Colloquium Papers: 2018 Africa Edition (p. 1).
11 Section 83, Industrial Property Act (Act No.3 of 2001).
12 Sihanya, B., 2008. Intellectual Property for Innovation and Industrialization in Kenya. Convergence, 4, p.185.
13 < KIPI- IP JOURNAL ARCHIVES> accessed on 16 February 2024.
14 Section 34, Industrial Property Act. (Act No. 3 of 2001).
15 Section 41 (7), Industrial Property Act (Act No. 3 of 2001).
16 Section 42 (3), Industrial Property Act (Act No.3 of 2001).
17 Section 106, Industrial Property Act, (Act No.3 of 2001).
