The Industrial Property Act, 2001 rights 30 industrial or commercial purposes and in particular not to acts done for scientific research. (2) The rights under the patent shall not extend to acts in respect of articles which have been put on the market in Kenya or in any other country or imported into Kenya. (3) The rights under the patent shall not extend to the use of articles on aircraft, land vehicles or vessels of other countries, which temporarily or accidentally enter the airspace, territory, or waters of Kenya. (4) The rights under the patent shall be limited by the provisions of the terms of the patent. (5) The rights under the patent shall be limited by the provisions on compulsory licences for reasons of public interest or based on interdependence of patents and by the provisions on State exploitation of patented inventions. (6) The rights of the patent shall not extend variants or mutants of living forms or replicable living matter that is distinctively different from the original for which patents were obtained where such mutants or variants are deserving of separate patents. ARIPO Protocol on Patents 59. A patent, in respect of which Kenya is a designated state, granted by ARIPO by virtue of the ARIPO Protocol shall have the same effect in Kenya as a patent granted under this Act except where the Managing Director communicates to ARIPO, in respect of the application thereof, a decision in accordance with the provisions of the Protocol that if a patent is granted by ARIPO, that patent shall have no effect in Kenya. PART VIII - TERM OF PATENT AND ANNUAL FEES Term of patent 60.A patent shall expire at the end of twenty years from the filing date of the application. Annual fees 61. (1) In order to maintain the application or the patent, an annual fee shall be paid in advance to the Institute which shall fall due on the eve of each anniversary of the date of filing of the application or the patent, and shall be paid in the manner prescribed in the regulations. (2) A grace period of six months shall be granted for the payment of the annual fees upon payment of such surcharge as may be prescribed from time to time. (3) If an annual fee is not paid in accordance with this section, the application be deemed to have been withdrawn or the patent shall lapse and respective invention shall cease to be protected. (4) The Managing Director shall forthwith publish the lapse of any patent

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