Discussion Paper No. 141 of 2012 on Patenting in Kenya: Status and Challenges

Abstract

Innovation is a key driving force for economic development and competitiveness in the 21st century. Patents provide incentives for innovation, knowledge creation and transfer. The patent system has long been used as a policy instrument to spur economic growth and competitiveness. In Vision 2030, Kenya aspires to become globally competitive and a knowledge led economy. The patent system is therefore an important policy tool that can be harnessed for wealth creation, poverty reduction and job creation. This is because increased innovativeness will boost productivity in all sectors of the economy. This study is a background paper on patenting in Kenya that seeks to explore patenting, while isolating challenges that are faced by inventors in patenting their inventions. A survey was carried out on patent applicants to the national office KIPI for the period 1998- 2008, in addition to literature review of relevant documents and legislation. Study findings indicate the level of patenting in Kenya is low, while that for grant rate is very low. IP knowledge, especially on patenting, was also found to be very low. Patent applicants from universities were extremely low contrary to expectations. Despite the low patenting levels, 80 per cent of respondents reported they had innovations that were not protected. Only 20 per cent of respondents had commercialized their patents. Outstanding challenges/obstacles to patenting are long and tedious patenting process, difficult patent drafting, limited IP knowledge, lack of IP professionals, limited R&D funds and a weak IPR regime...