By Dr. Maurice Bolo
As the World Intellectual Property Day is commemorated on 26th April, 2026, a new book titled, “Patents and Beyond: Intellectual Property Rights Acquisition in Kenya” has just been released.
Based on data from Kenya Industrial Property Institute (KIPI) on patent applications and grants over a 30-year period (1990 – 2021). The book presents facts, figures and trends of patent ownership, origin, economic sectors, devolution and gender.
The book argues that the generation, registration and uptake of intellectual property assets has a direct bearing on the country’s development and competitiveness. On its path to industrialization, Kenya is confronted with a mixed bag of challenges and opportunities.
Institutions of higher learning and research have trained their eyes on innovation in key sectors such as agriculture, industry, health, energy and ICT/telecoms. The evidence shows that the role and performance of universities and public research institutes in IP generation and protection is on an upward trajectory.
The private sector is growing and their performance in IP registration and protection is significant. However, despite this impressive show, their contribution to the GDP is shrinking and there are increasing calls for the government to provide concrete support to local manufacturing industry.
Devolution is steadily spreading innovation across the different regions outside the capital city (Nairobi County) and specialization is emerging in various economic sectors. This could lead to enhanced inter-county trade, investments, exchange of knowledge and expertise.
Policy coordination is improving with the cooperative arrangements between the three agencies the National Commission for Science, Technology and Innovation (NACOSTI), Kenya National Innovation Agency (KeNIA) and National Research Fund under the state department of science, innovation and research.
Regional integration is expanding markets and trade opportunities while the African Continental Free Trade Area (AfCTA) is offering new opportunities as countries move towards common markets/common tariff areas. This expanded market offers opportunities beyond national borders.
Despite these key opportunities, there are still challenges undermining Kenya’s industrialization potential. Among them is that the private sector continues to suffer the weight of incoherent policies that undermine the development of endogenous capacity. There’s need for streamlined and predictable policy and regulatory environment that provides confidence for both local and international investors.
The investments in research and development (R&D), innovation and financing remains far below recommended levels. It is noteworthy that there are plans for increased investments in R&D as well as infrastructure and facilities. The implementation of these policies will provide a strong foundation for industrial take-off.
Skills and technical capacities are sub-optimal; particularly in IP management and business development. We encourage enhanced focus on awareness, training and technical support for individuals, organizations and companies.
The linkages between academia and industry have remained weak and ineffective, hampering the free flow of knowledge, technologies and innovation. Collaborative partnerships between research organizations and companies should be intentionally promoted.
The private sector is organizing themselves but their capacity to engage in policy debates/advocacy remains weak, partly because of their limited ability to generate, package and use evidence to back their policy demands. Industry associations such as KEPSA and KAM should work closely with think tanks to enhance their capabilities for advocacy and evidence generation.
The book explores the following key questions:
Who owns patents protected in Kenya?
A total of 4,392 patents were filed in the period 1990-2021. Companies led in patent applications (48%), followed by individuals (37%) and universities/learning institutions (11%). Public Research Institutes (3%) and government institutions (1%) had the lowest number of patent applications.
While applications in the pre-devolution phase (1990–2013) were predominantly driven by companies, the post-devolution phase (2014–2021) highlights the increasing importance of Individuals and Universities/Learning Institutions in patent applications.
Universities/Learning Institutions demonstrated a consistent growth in patenting activity, reaching a substantial peak in 2019. A total of 507 applications were filed by local universities and other learning institutions during the period 1990–2021. Majority of these (87%) were filed during the second phase.
How do international Patent Cooperation Treaty (PCT) compare with domestic (national) patents?
International Patent Cooperation Treaty (PCT) patent applications had a much higher success rate of 42.1%, suggesting better preparation, higher quality, or more rigorous filing strategies compared to National patents, which had a grant rate of only 8.3%. PCT patents applications resulted in actual granted patents (674 vs. 233) far outpacing national patents.
Companies accounted for the highest number of patents granted at 80%, followed by Individuals at 11%. Universities and learning institutions had fewer granted patents They received 10 patents (1.6%) between 1990–2013 and 18 patents (6.4%) between 2014–2021 – a significant increase in their share. This growth likely shows better research funding, more awareness about intellectual property (IP), and stronger efforts to turn research into useful innovations.
Both National and PCT Patents showed a general upward trend in the number of applications in the period 1990–2021. National Patents accounted for a higher volume of applications, especially in phase 2 (2014–2021). Applicants from the USA, Germany, France, Japan, and Switzerland had the highest number of applications. The PCT patent applications from Kenya comprised a small number (5 applications, 0.11%), mostly from pharmaceutical companies.
In which economic sectors are majority of patents registered?
Industry (50%), Health (13.5%) and Agriculture (12.8%) were the leading sectors in patent filings. While Companies and Individuals were the primary drivers of patent filings across almost all economic sectors; Individual inventors played a crucial role, especially in Industry, Energy, Transport, and IT and Telecoms.
Universities/Learning Institutions contributed particularly to Industry, Health, and Energy while PRIs and Government Institutions had a relatively minor role in patent filings across all listed economic sectors. PRIs showed more presence in the Agriculture and Health.
How have the patent applications and grants shifted in the era of devolution?
Nairobi (40%) and Uasin Gishu (7.4%) were the top counties in patent applications. Mombasa County came third at 3% of the total applications. Nairobi was the centre of patent activity, with 1,020 applications. Uasin Gishu, Kakamega, and Baringo emerged as significant patent application centers, likely reflecting regional economic development.
There have been significant shift in the position of Counties as devolution sets in. In particular: Uasin Gishu significantly rose from 4th place (4.4%) to 2nd place (15.1%), becoming a major patent hub, Kakamega rose from 14th (0.4%) to 3rd position (4.0%) in the second phase while Baringo jumped significantly from having not being featured in the first phase to 4th place (3.9%) in the second phase.
Kiambu’s share slightly increased from 3.1% to 3.5% in the second phase while Nyeri rose from 7th (1.6%) to 6th position (3.4%) with an increase in the number of applicants.
Other counties that emerged, improved or were significantly visible (with more than 10 applicants) in the second phase included: Meru, Murang’a, Bomet and Trans Nzoia.
Makueni, Kisii, Turkana, Kilifi, Vihiga, Lamu, Nyamira, and Kwale counties all emerged in the second phase with less than 10 applicants.
How do patent applications and grants compare by gender?
The proportion of male to female applicants was seven is to one (male:88%, female:12%). The male- to-female ratio of international (PCT) patents is approximately 9:1 while for national patents is approximately 5:1. Across both patent types (national vs international), women remain significantly underrepresented, highlighting systemic gender gaps in Kenya’s innovation ecosystem. The gender gap is prevalent across all sectors, with males consistently filing more patent applications.
The author is the Director of the Scinnovent Centre, Nairobi, Kenya.
