Patent protection in Kenya is governed by the Industrial Property Act 2001 and Industrial Property Regulations, 2002. Further amendments to the Act were incorporated in the Statutory Law (Miscellaneous Amendments) Act of No. 18 of 2018.

Kenya is a member of the Paris Convention, The African Regional Intellectual Property Organization (ARIPO) and Patent Cooperation Treaty (PCT) and Trade Related Aspects of Intellectual Property Rights (TRIPS).

One can file for patent protection by filing directly into Kenya (national filing), and in some circumstances claiming priority, or via ARIPO by designating Kenya in the ARIPO application or by designating Kenya in a PCT international application via the PCT filing system. 

What is patentable is an invention considered to be new and useful art (whether producing a physical effect or not), process, machine, manufacture or composition of matter which is not obvious, or any new and useful improvement thereof which is not obvious and is capable of being used or applied in trade or industry. An invention is defined as a solution to a specific problem in the field of technology. 

There are exceptions to what can receive patent protection. The following are not regarded as inventions and are excluded from patent protection: 

•Discoveries, scientific and mathematical methods and theories.
•Business methods e.g. credit or stock methods
•Schemes e.g. investment, methods of bookkeeping or insurance schemes.
•Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised except products, in particular substances or compositions or apparatus for use in, any of those methods or;
•Public Health related methods of use or uses of any molecule or other substances whatsoever used for the prevention or treatment of any disease which the Minister responsible for matters relating to health may designate as a serious health hazard or as a life threatening disease.
•Plant varieties as provided for in the Seeds and Plant Varieties Act, but no parts thereof of products of biotechnological processes; and
•Inventions contrary to public order, morality, public health and safety, principles of humanity and environmental conservation. 

Patent applications are subjected to formality examination, which evaluates if all formality requirements as to the application have been met such as a Power of Attorney has been filed. If all formality requirements have been met, the application moves to the next examination named substantive examination. In the event the application fails to meet the substantive requirement, the applicant is invited to correct the defects of the application within 90 days, with an option to extend the deadline. Substantive examination evaluates the patentability of an invention. An applicant must file for substantive examination of its invention within 5 years of the filing date. An applicant may be invited to submit his observations where there are objections to the application, and to amend the application accordingly. The applicant has 60 days to respond to the substantive report, with an option to extend the deadline.

Once the substantive examination is complete, and if any amendments are made accordingly, the application is published. For international patent applications entering national phase or regional applications, publication occurs two months after the application enters the national phase or after Kenya is notified of being designated respectively.  Further after substantive examination, the patent will be granted and a certificate of grant of a patent issued. The patent granted, shall be published, as soon as reasonably practicable. 

A patent shall expire at the end of twenty years from the filing date of the application. During the twenty years, the patent shall be maintained by payment of annual fees due on each anniversary date of filing of the patent application. A grace period of six months is granted for the payment of the annual fees. Failure to pay the annual fee will lead to the withdrawal of the patent. An applicant can however can restore a patent application within six months of the expiry of the grace period.