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CHAMAN LAW FIRM

CHAMAN LAW FIRM

Akure, Nigeria

Founded in 2019
15 people in their team
CHAMAN LAW FIRM is a world class and one of the leading and top law firms in Nigeria.  In Support of clients on substantial matters, we deploy...
English

About Patent Law in Akure, Nigeria

The patent law in Akure, Nigeria falls under Nigeria's overall legal framework for intellectual property law, which is overseen by the Nigerian Patent and Trademark Office. A patent gives the inventor the exclusive right to prevent others from producing, using, or selling the invention in Nigeria without the inventor's consent for a specific period, typically 20 years.

Why You May Need a Lawyer

Patent law is complex, and obtaining a patent can be a very involved process. If you've invented a unique product or process, a lawyer can assist in writing and filing a patent application, ensuring all technical details and unique features are correctly described. They can offer advice on patentability, help with the patent search to ensure your invention is new, and provide legal representation in case of disputes. Lastly, they can guide you through the process of patent prosecution, enforcement, and renewal.

Local Laws Overview

The Patents and Designs Act is the primary legislation governing patents in Nigeria. Patents are granted for any inventions that are new, result from an inventive process, and are capable of industrial application. Nigeria operates on a first-to-file basis, meaning the first person to file a patent for an invention will own the patent rights. The patent is valid for 20 years from the date of filing and is nonrenewable. Once expired, the patented invention becomes public property.

Frequently Asked Questions

1. How long will it take to get a patent?

It usually takes about 24 - 36 months from the filing date to get a patent in Nigeria, provided there are no complications.

2. Can I patent software in Nigeria?

Software as such cannot be patented in Nigeria. However, a software-related invention that is new, non-obvious, and has utility in an industrial setting may be patentable.

3. What happens if my patent is infringed in Nigeria?

If you believe your patent rights are being infringed, you should consult a patent lawyer who can help determine a proper course of action, which might include suing for damages and an injunction to stop the infringement.

4. Can I sell or license my patent?

Yes, you can sell, assign or license your patent to others. A transfer ownership is usually recorded in the Nigerian Patent and Trademark Office for validity.

5. How do I know if my invention is patentable?

An invention must be new, non-obvious, and useful in an industrial setting to be patentable. Contact a patent lawyer or the Nigerian Patent and Trademark Office for guidance.

Additional Resources

You can get more information and assistance on patents from the Nigerian Patent and Trademark Office. Other helpful resources include the Intellectual Property Law Institute of Nigeria and the Nigerian Bar Association's Section on Business Law.

Next Steps

If you need legal assistance with a patent in Akure, Nigeria, consider engaging a lawyer experienced in intellectual property law. They can guide you through the process of applying for a patent, enforcing it, and resolving any disputes that might arise. Always remember to conduct thorough legal consultations before proceeding.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.