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Utility Models

What is a Utility Model?

Utility model means any form, configuration or disposition of element of some appliance, utensil, tool, electrical and electronic circuitry, instrument, handicraft mechanism or other object or any part of the same allowing a better or different functioning, use, or manufacture of the subject matter or that gives some utility, advantage, environmental benefit, saving or technical effect not available in Kenya before and includes micro-organisms or other self-replicable material, products of genetic resources, herbal as well as nutritional formulations which give new effects.

Special provisions relating to utility model certificates

An invention qualifies for a utility model certificate if it is new and industrially applicable.

Term of Utility Models

A utility model certificate expires at the end of the tenth year after the date of the grant of the utility model, and is not renewable.

Conversion of patent applications to applications for utility model certificates, and vice versa.

At any time before the grant or refusal of a patent an applicant for a patent may, upon payment of the prescribed fees, convert his application into an application for a utility model certificate, which shall be accorded the filing date of the initial application.

At any time before the grant or refusal of a utility model certificate, an applicant for a utility model certificate may, upon payment of the prescribed fees, convert his application into a patent application, which will be accorded the filing date of the initial application.

An application may not be converted more than once in either case.

The provisions for patents apply with respect to Utility models as though they referred to utility model certificates instead of to patents.

 


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