Utility Model Protection in Kenya: The Case for Substantive Examination
Date
2016-11-15
Authors
Rutenberg, Isaac
Makanga, Lillian
Journal Title
Journal ISSN
Volume Title
Publisher
LINK Centre, University of the Witwatersrand (Wits), Johannesburg
Abstract
The patent-granting authority of the Kenyan government ceased examining applications for utility model certificates (UMCs) in 2014, after 20 years of examination. This event resulted in an immediate and dramatic increase in the number of granted UMCs. The authors reviewed a selection of UMCs, some of which were granted after substantive examination and some of which were granted without substantive examination. Errors were found in both groups, and the overall quality of granted UMCs declined after cessation of substantive examination. The authors conclude that a return to substantive examination of UMC applications would, on balance, be beneficial to Kenya’s innovative ecosystem, and recommend that such examination be reinstated.
Description
Keywords
intellectual property, utility model certificates (UMCs), patents, examination, registration, developing countries, patent offices, Africa, Kenya
Citation
Rutenberg, I., & Makanga, L. (2016). Utility model protection in Kenya: The case for substantive examination. The African Journal of Information and Communication (AJIC), 19, 19-37. https://doi.org/10.23962/10539/21588