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Browse our 1 legal question about Patent in Nigeria and the lawyer answers, or ask your own questions for free.
The Patent law in Owerri, Nigeria, like the rest of the country, is governed by the Patents and Designs Act. The Act provides exclusive rights to inventors to exploit their inventions for 20 years. The Patent and Designs Act protects new and original inventions and ensures they meet the criteria of novelty, non-obviousness, and industrial applicability. It is also crucial to note that Nigeria operates a 'first to file' system, meaning the first person to file for a patent, if eligible, will own the rights to the invention.
Patent law can be complicated and may require a lawyer's professional guidance. You may need a lawyer to help with patent application drafting, ensuring your invention meets the necessary requirements and providing legal advice concerning patent infringement. In cases of cross-border intellectual property disputes or when you need to maintain international patent rights, a skilled patent attorney's services are vital. Experience with local patent law and procedure can greatly enhance your success rate in obtaining and maintaining your patent rights.
The critical aspects of local laws relevant to Patent in Owerri, Nigeria are enshrined in the Patent and Designs Act. The Act lays out the requirements for obtaining a patent, the rights of a patentee, the terms for patenting an invention, and the process for dispute resolution. The law also stipulates that failure to exploit the invention for four years can result in the patent's cancellation. Also, the law does not permit the patenting of plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products).
A patent in Nigeria is valid for 20 years from the date of filing the application.
Nigerian Patent law does not explicitly exclude software or mobile applications. However, they must prove novelty, non-obviousness, and usefulness.
An inventor or someone assigned by the inventor can apply for a patent in Nigeria.
If someone uses, sells, or manufactures your patented invention without your permission, they may be liable for patent infringement. Legal redress can be sought in the Federal High Court.
Nigeria operates a 'first to file' system. Anyone who can demonstrate their invention's eligibility criteria and file first will have the rights to the patent.
Intellectual Property Law firms and professional bodies such as the Nigerian Bar Association (NBA), the Intellectual Property Law Association of Nigeria (IPLAN), and the Nigerian Copyright Commission can provide valuable help. Online resources like the World Intellectual Property Organization (WIPO) and Nigerian Patent Office website can also be very useful.
If you need legal assistance in Patent, consider contacting a legal firm with expertise in patent laws. A patent attorney will guide you through the processes involved in filing a patent application, ensuring your invention meets the eligibility criteria, and protecting your rights against infringement. It is also advisable to familiarize yourself with the Patents and Designs Act and understand how it applies to your invention.
