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Patent law in Aba, Nigeria, just like in the rest of the country, is regulated by the Patents and Designs Act. This law aims to protect inventors by providing them with exclusive rights to their inventions or designs for a certain number of years. It's important to note that in Nigeria, the patent law only protects inventions that are new, involve an inventive step and are industrially applicable.
You may need a lawyer if you are filing for a patent for your invention, as the application process can be complex and time-consuming. Besides, to maintain these rights, there are certain procedures that must be followed and your lawyer can guide you in those procedures. You may also need a lawyer for litigation purposes in cases where someone else is infringing on your patent rights or if you are accused of infringing on someone else's patent rights.
A significant aspect of the local laws is that the right to a patent is transferable either wholly or partially, and can be licensed. The duration of a patent is also fixed with a patent lasting 20 years in Nigeria from the date of filing of the application. Applications for patents are done through the Nigerian Patent and Trademark Office. Another key aspect to note is that Nigeria operates a ‘first to file’ system and does not consider the ‘first to invent’ rule.
There are no specific types or categories of patents. However, for an invention to be patentable, it must be new, result from inventive activity and be capable of industrial application.
Yes. A foreigner can apply for a patent in Nigeria. However, the foreigner must provide an address for service in Nigeria in the application form.
If your patent is infringed upon, you may institute legal proceedings before the Federal High Court in Nigeria. This is where the role of a patent lawyer comes in handy.
On average, it takes about 12 to 24 months to process a patent application in Nigeria. However, this timeline may vary depending on different factors.
The cost of obtaining a patent in Nigeria varies depending on several factors such as attorney fees, patent drafting charges, official fees and patent annuity charges.
For useful resources, you can refer to the Nigerian Patent and Trademark Office website for practical guidelines and forms required when applying for a patent. Other resources include the Nigerian Intellectual Property Law Association and the World Intellectual Property Organization which provide relevant and timely information on patent law developments.
If you need legal assistance with patents in Aba, Nigeria, the first step is to find and consult with an experienced patent lawyer. You can do this by reaching out to local law firms that have a specialty in intellectual property law. This will arm you with the necessary tools to understand the process, and protect your rights and your invention.
