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Legal guides written by Adeola Oyinlade & Co:
Browse our 1 legal question about Patent in Nigeria and the lawyer answers, or ask your own questions for free.
The patent law in Lagos, Nigeria primarily guides the process of granting patents, issues relating to infringement, and other related matters. In Nigeria, the Patent and Designs Act is enforced by the Patents Registry which is a subsection of the Trademarks, Patemarks and Industrial Designs registry. These laws are aimed at providing a legal framework that encourages innovative activity, by protecting the rights of inventors and ensuring their inventions are protected against unauthorized usage. This is applicable to both individuals and businesses within Lagos, and across Nigeria as a whole.
You may need a lawyer in multiple scenarios related to patent law. It could be to help draft the specifications of the patent, to avoid infringement issues, and to defend or pursue litigation in cases of violations. Understanding patent laws and navigating its complexity without legal guidance might result in errors during filing a patent, thus jeopardizing the future of your invention. Lawyers can also provide guidance when dealing with patent rights sales or transfers, ensuring that all necessary legalities are duly covered.
Under the Nigerian Patent and Designs Act, patents are given for any new and inventive result of intellectual activity in industrial, technological or scientific fields. The patented entity should be eligible to be used or applied in an industry or business. Nigeria follows the "first to file" system, implying that the patent right goes to the first person to file the application regardless of who first invented it. The duration of a patent in Nigeria is 20 years.
Per Nigerian law, certain things cannot be patented. These include plant or animal varieties, biological processes for the production of plants or animals (excluding microbiological processes and their products), and inventions contrary to public order or morality.
Yes, international applicants can apply for a patent in Nigeria, but they need to be represented by an accredited, Nigeria-based agent.
Generally, the process can take up to 12 months. However, this can vary based on the specifics of the patent application and potential challenges that can arise.
If the annual renewal fees are not paid, the patent lapses and the invention becomes available to the public domain.
No, a patent issued in Nigeria is only protected within Nigeria. For global protection, you would need to apply in each country separately or use international patents systems like the Patent Cooperation Treaty.
For more information and assistance on patent law in Lagos, Nigeria, you can refer to the Nigeria Intellectual Property Office, the Nigerian Association of Patent and Trademark Attorneys, and the Nigerian Copyright Commission. The Nigeria Intellectual Property Rights Awareness & Advocacy also provides a wealth of resources and materials on patent laws in Nigeria.
If you need legal assistance in patent law, it is advisable to find a credible and experienced patent lawyer or law firm who can guide you through your specific situation. It would also be useful to familiarize yourself with the Patent and Designs Act to get a better understanding of your rights and responsibilities. Additionally, you may need to contact the National Office for Technology Acquisition and Promotion (NOTAP) for necessary documentation and procedures related to your patent application.
