The Industrial Property Act, 2001
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(4) An application for revocation or invalidation of a patent shall: (a) state the grounds on which the applicant intends to rely on in his
application for revocation or invalidation of the patent, and
(b) be accompanied by:(i) a statement setting out particulars of the facts alleged in support of the
said grounds; and
(ii) proof of service on the owner of the patent of notice of filing of the
application under subsection (1) and (2) and such a statement shall be
furnished to the Tribunal.
(5) If the owner of the patent wished to contest the application he shall,
within such time as is prescribed or such further time as the Tribunal may
allow, lodge with him a counter statement setting out particulars of the
grounds upon which the application is to be contested.
(6) A copy of any counter-statement in terms of subsection (5) lodged with
the Tribunal shall be served by the owner of the patent concerned.
(7) Particulars delivered in terms of this section may from time to time, with
the leave of the Tribunal, be amended.
(8) No evidence shall be admitted in proof of any ground on which
particulars have not been delivered in terms of this section, except by leave
of the Tribunal.
(9) After receiving an application under subsection (1) and compliance with
any other provisions of this section which are applicable, the Tribunal shall
arrange for the matter to be heard in the manner prescribed and may make
such order herein as it deems fit.
(10) The Tribunal shall publish the application for revocation or invalidation
of the patent in the Kenya Gazette or in the Industrial Property Journa l.
(11) An aggrieved party may appeal against the decision of the Tribunal to
the High Court.
(12) Where the provisions of subsection (2) apply only to some of the claims
or some parts of a claim, or some parts of a registered industrial design only
those claims or parts may be revoked or invalidated by the Tribunal.
(13) The Tribunal may require the owner of the patent, the utility model or
the industrial design registration certificate to submit to it for the purposes of
examination, the registration certificate, publications and other documents
showing the prior art which have been referred to either in connection with
an application for a title to the patent, the utility model or the industrial
design filed, for the same or essentially the same invention or design by the