The Kenya Intellectual Property Bill, 2026

In short

This Bill seeks to merge and streamline the administration of intellectual property rights in Kenya.It establishes the Kenya Intellectual Property Authority to handle patents, utility models, industrial designs, copyrights, and anti-counterfeit enforcement.The Bill introduces modern rules for emerging technologies, including the exclusion of artificial intelligence-generated inventions from patent protection.It also sets up an Intellectual Property Tribunal to resolve disputes efficiently.Furthermore, it provides clear guidelines on the disclosure of biological resources and traditional knowledge in patent applications.

Clause by clause

1. Clause 3

   Establishment of the Authority

   Establishes the Kenya Intellectual Property Authority as a corporate body with the power to sue, be sued, and manage property.

2. Clause 5

   Functions of the Authority

   Outlines the Authority's duties, including registering patents, licensing collective management organizations, and combating counterfeit goods.

3. Clause 19

   Meaning of Invention and AI Exclusions

   Defines what constitutes an invention and explicitly excludes artificial intelligence-generated inventions and algorithms from patent protection.

4. Clause 28

   Disclosure of Biological Resources

   Requires patent applicants to show proof of prior informed consent if their invention uses biological resources or traditional knowledge.

5. Clause 31

   Inventions by Employees

   Provides that inventions made during employment belong to the employer, but guarantees the employee fair payment for exceptionally important creations.

6. Clause 60

   Term of Patent

   Sets the lifespan of a patent at twenty years from the date the application was filed.

7. Clause 182

   Takedown Notice

   Allows copyright owners to send notices to online service providers to remove content that infringes on their intellectual property.

8. Clause 232

   Establishment of the Tribunal

   Creates the Intellectual Property Tribunal to hear appeals and resolve disputes related to patents, copyrights, and trademarks.