Patents Laws in Nigeria
Hereβs a clear overview of Patent Laws in Nigeria:
π³π¬ Patent Law in Nigeria
Governing Law and Authority
Primary Legislation:
Patents and Designs Act (Cap P2, LFN 2004) β main law regulating patents.
Trademarks, Patents and Designs Act β governs related IP rights.
Governing Authority:
Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment.
π What Can Be Patented?
To be patentable in Nigeria, an invention must be:
New: Not part of the prior art anywhere in the world before filing.
Inventive step: Not obvious to someone skilled in the relevant field.
Capable of industrial application: Useful and can be made or used in some kind of industry.
β Not patentable:
Discoveries, scientific theories, mathematical methods.
Schemes, rules or methods for performing mental acts, playing games or doing business.
Computer programs as such (software may be protected only when tied to a technical invention).
Inventions contrary to public order or morality.
π Patent Application Process
Filing:
Applications filed with the Patents Registry.
Must include a detailed description, claims, drawings (if applicable), and an abstract.
Publication:
Patent applications are published after 18 months from filing or priority date.
Examination:
Nigeria currently applies a registration system (no substantive examination).
However, patent applicants can request substantive examination.
Grant:
If requirements are met, patent is granted.
β³ Patent Duration and Maintenance
Patents last for 20 years from the filing date.
Annual maintenance fees are required after grant to keep the patent in force.
Failure to pay fees can lead to the patent lapsing.
π International Treaties
Nigeria is a member of:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
World Trade Organization (WTO) β TRIPS Agreement
These treaties help facilitate patent filing and protection internationally.
π‘οΈ Enforcement & Infringement
Patent holders can enforce rights through:
Civil courts for infringement and damages.
Criminal penalties in cases of willful infringement.
Border control measures to prevent import/export of infringing goods.
π§ββοΈ Legal Representation
Applicants outside Nigeria must appoint a local patent agent or attorney.
Legal advice is recommended for prosecution, enforcement, and dispute resolution.
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