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Patent Law in Benin City, Nigeria is primarily governed by the Patents and Designs Act. This piece of legislation provides the legal basis for the protection of inventions and industrial designs, providing exclusive rights to the inventors or patent holders. Patents are granted for a period of 20 years and they give the holder, the exclusive right to exclude others from making, using, or selling the invention in Nigeria.
Lawyers are essential when dealing with patents due to the complexity of the law and filing process. Inventors may need a lawyer to help prepare and file a patent application, including conducting a patent search to ensure that the invention is new and unique. Lawyers can also provide crucial advice on the enforcement of patent rights, dealing with infringements, licensing of patents and provide representation in cases of patent disputes.
The fundamental principles of the Patent Law in Nigeria include the conditions of patentability, the application process, and the rights conferred by a patent. The invention must be new, result from inventive activity and be capable of industrial application. The patent application process involves several steps including preparation of a patent specification, filing the application with the Nigerian Patent Office, and subsequent examination. The Patent grants the holder exclusive rights to exploit the invention in Nigeria.
In Nigeria, an invention can be patented if it is new, results from inventive activity and is capable of industrial application.
Any person may make an application for a patent, either alone or jointly with another. This includes individuals, companies, or organizations.
A patent is given for a period of 20 years from the date of filing of the application.
The Patent Act does not provide for the renewal of a patent. Once the 20-year period has passed, the patent falls into the public domain.
The process involves preparation of a patent specification, filing the application with the Nigerian Patent Office, and examination of the application.
The Nigerian Patent Office, Intellectual Property Lawyers Association Nigeria (IPLAN), and the Nigerian Copyright Commission (NCC) are major resources. For international patents, the World Intellectual Property Organization (WIPO) provides a wealth of resources and guidance.
If you believe you need legal assistance with a patent issue, it is advisable to speak with a lawyer who specializes in patent law. They can provide the correct legal advice relevant to your specific circumstances, assist with filing and managing your patent, and represent you in any potential dispute or infringement proceedings.
