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CHAMAN LAW FIRM

CHAMAN LAW FIRM

Festac Town, 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 Festac Town, Nigeria

Patent Law in Festac Town, Nigeria is a subset of Intellectual Property Law. It is governed by the Patents and Designs Act, Nigeria. A patent gives inventors exclusive rights to their inventions, permitting them from being exploited by others for a specific period, generally 20 years. It is used to protect technological innovations in various fields - from medicines and chemical compounds to softwares and electronic devices. The Nigerian Patent Office, which is a part of the Commercial Law Department, oversees the granting of patents.

Why You May Need a Lawyer

Navigating patent law can be complex. You may need a lawyer if you have invented a product or process, and wish to protect your invention from being commercially used by others. A lawyer can help you draft the patent application, ensuring all legal requirements are met. If your patent rights are being infringed upon, a lawyer can assist you in initiating legal proceedings. Moreover, lawyers may also be required to help with licensing and agreement issues related to patents.

Local Laws Overview

The Patents and Designs Act is the key local law related to patents in Nigeria. As per the Act, a patentable invention must be new, involves an inventive step, and industrially applicable. Importantly, the inventor must apply for a patent to secure protection. The Act also covers international applications under the Patent Cooperation Treaty (PCT). Furthermore, the Act outlines the rights of patent holders and remedies for infringement.

Frequently Asked Questions

What can be patented?

As per Nigerian law, an invention can be patented if it is new, results from an inventive activity, and is capable of industrial application.

Who can apply for a patent?

A patent can be applied for by any person who is the true and first inventor or by an assignee. An application by a person not residing in Nigeria must be carried out by an accredited agent resident in Nigeria.

How long does patent protection last?

Patent protection in Nigeria generally lasts for 20 years from the date of filing the application.

What happens in case of infringement?

If a patent is infringed, the owner can initiate legal proceedings against the infringer. This can result in injunctions, damages, or accounts of profits, amongst other remedies.

Can I sell or transfer my patent rights?

Yes, you can sell or transfer your patent rights. This process is called assignment and must be done through a written agreement.

Additional Resources

For additional resources, you can visit the Nigerian Patent and Trademark Office’s official website for more information about patents. Further, the Nigerian Bar Association provides a directory of lawyers specialised in intellectual property law.

Next Steps

If you believe you need legal assistance with a patent-related matter, you should consult with a patent lawyer. They can guide you through the process of obtaining a patent, assist in protecting your patent rights, and provide advice on related issues. It would be beneficial to prepare and document all relevant information about your invention prior to meeting with a lawyer.

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.