The Industrial Property Act, 2001
17
designed and any other relevant circumstances.
(7) If the applicant is dissatisfied with the amount of compensation paid to
him under subsection (6), he may appeal to the Tribunal.
(8) Where a patent is granted in pursuance of an application in respect of
which directions have been given under this section, no maintenance fees
shall be payable in respect of any period during which those directions
remain in force.
(9) A person who fails to comply with any direction under this section shall
be liable, on conviction, to imprisonment for a term not exceeding two years,
or to a fine not exceeding twenty thousand shillings, or to both.
Restrictions on
applications
abroad by Kenya
residents
28. (1) Subject to the provisions of this section, no person resident in Kenya
shall, without written authority granted by the Managing Director, file or
cause to be filed outside Kenya, an application for a patent for invention,
unless: (a) an application for a patent for the same invention has been filed with the
Institute not less than six weeks before the filing of the application outside
Kenya; and
(b) either no directions have been given under section 27 in relation to the
application in Kenya or any such directions have been revoked.
(2) Subsection (1) shall not apply to an application for a patent for an
invention in respect of which an application for a patent has first been filed
in a country outside Kenya by a person resident outside Kenya.
(3) A person who files or causes to be filed an application for the grant of a
patent in contravention of this section shall be liable on conviction, to a fine
not exceeding twenty thousand shillings, or to an imprisonment for a term
not exceeding two years, or to both.
(4) In this section: (a) any reference to an application for a patent includes a reference to an
application for other protection for an invention;
(b) any reference to either kind of application is a reference to an application
under this Act, under the law of any country other than Kenya or under any
international treaty or convention to which Kenya is a party.
Patents relating
to living matter
29. (1) If an invention concerns a micro-biological process or the product
thereof and involves the use of a micro-organism which is not available to
the public and which cannot be described in the patent application in such a
manner as to enable the invention to be carried out by a person skilled in the
art, the invention shall only be regarded as being disclosed if: (a) a culture of the micro-organism has been deposited with a depository