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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 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.
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.
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.
As per Nigerian law, an invention can be patented if it is new, results from an inventive activity, and is capable of industrial application.
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.
Patent protection in Nigeria generally lasts for 20 years from the date of filing the application.
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.
Yes, you can sell or transfer your patent rights. This process is called assignment and must be done through a written agreement.
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.
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.
