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Browse our 1 legal question about Patent in Nigeria and the lawyer answers, or ask your own questions for free.
Patent law in Abeokuta falls under the broader scope of Nigerian intellectual property law. The Nigerian Patent Act protects inventions by granting inventors exclusive rights to use, manufacture, and distribute their inventions for a certain number of years. These laws aim to encourage innovation by ensuring that innovators reap exclusive benefits from their inventions for a particular period, typically 20 years from the filing date.
Patent law can be complex and technical. Therefore, if you have invented a new product, process, or method, you may need a lawyer to help you navigate the process of obtaining a patent. A lawyer can assist with drafting and filing the patent application, responding to objections from the Nigerian Patent Office, and enforcing patent rights if someone else uses your invention without permission. Lawyers can also provide advice on commercialising your patent or licensing it to others.
According to the Patents and Designs Act in Nigeria, an invention is patentable if it is new, results from inventive activity, and is industrially applicable. The Act also states that only the inventor or assignee can apply for a patent. Nigeria adopts a 'First-to-File' system, meaning the first person to file a patent application will have the right to the patent notwithstanding who actually made the invention. The Nigerian Patent Registry is responsible for processing patent applications.
It typically takes between 24 to 36 months to obtain a patent in Nigeria, from the date of filing the application.
Yes, a foreigner can apply for a patent in Nigeria. However, the foreigner will need to engage a local agent in Nigeria to process the patent application.
Yes, the law exempts certain types of inventions, such as discoveries, scientific theories, mathematical methods, plant or animal varieties, and essential biological processes for plant or animal production.
If someone infringes your patent rights, you can file a lawsuit in the Federal High Court seeking an injunction to stop the infringement and claim damages.
Yes, a granted patent can be revoked if it is discovered that the invention is not a new invention or does not satisfy the other requirements for patent grant.
The Nigerian Intellectual Property Commission (NIPCOM) and Nigerian Patent and Trademark Office are key resources. Various law firms provide services related to patents, and legal databases and online resources offer further information about Nigerian patent law.
If you need legal assistance related to patents, consider consulting a patent lawyer or law firm in Abeokuta. They can guide you through the process of applying for a patent, ensuring your idea is adequately protected. It would be best if you also maintain clear records of your invention, including development phases and potential uses to support your application.
