PATENTS


Current Legislation:

Patents and Designs Act 1970
Patents Rules 1971


Requirement:

Application for the grant of a patent may be made by the inventor or by his assigneee which may be an individual, a company or the state. Where application is by an assignee, it is compulsory that the inventor be named.

World wide novelty is required for an invention to be acceptable for grant. The following are required for the filing of an application:

a) a petetion or request for a patent with the applicant's full name and address, signed by the applicant or his authorised agent.

b) a specification, including a claim or claims in English language;

c) plans and drawings where applicable;

d) a declaration by the true inventor consenting that he be so named in the patent with his full name and address.

e)if the application is made by an agent, authorisation of agent form (power of attorney, download here) signed by the applicant must accompany the application;

f) an address for service in Nigeria if applicant is a foreigner;

g) the prescribed fee.

Duration:

Examination of application is as to form only. A grant is for a period of twenty years from the date of the application subject to the regular payment of annuities. There is a grace period of six months for late payment of annuity for a granted patent; annuities may be paid at the election of the applicant before grant but if not so paid, all outstanding annuities become payable on grant.

Action for the infringement of a patent is available at the federal high court.

For further inquiry send mail to info@garkaylaw.com

DOWNLOAD FORMS

PATENT- Form No 2



 
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