Innovations and inventions rule the world!
In this highly competitive global community where information is at the tips of fingers, it is our advice to our clients and would be clients to protect their innovations and inventions before same are exploited by rivals and competition. Patent registration gives the registered owner(s) the legal frame work to claim damages from infringers for an unauthorized use of the registered innovation/inventions.
Our services in this area include:
Enforcement of rights
Information on Patent Protection in Nigeria
Filing applications for registration of Patents in Nigeria is merely depository as examination is conducted as to forms only. It is therefore expected that a Patent would have been registered somewhere else where a substantive examination would have taken place prior to grant.
Documentary Requirements for Registration:
A simply executed Power of Attorney/Authorization of Agent (Legalization/Notarization not required);
A clean and clear copy of the specification, claims, abstract and/or drawings;
A copy of the published PCT Pamphlet comprising the complete specification i.e. Copy of International Publication, International Preliminary Report on Patentability and the international Search Report/Written Opinion;
The text of the PCT specification and claims filed should include any amendments effected by the annexes to the International Preliminary Examination Report.
Patents Registration Process
An invention is deemed patentable if:
1. It is new;
2. It results from an inventive activity; and
3. It is capable of industrial application
Application for Registration:
Once an application is made in the prescribed form and accompanied by the requisite documents to the Registrar and upon payment of the requisite fees, a filing Receipt to the applicant, acknowledging that the application has been received at the Registry, will be issued. The date of receipt of the application at the Registry will be the official filing date of the Patent.
Examination of Application:
Examination is done as to form only. Where the examiner is satisfied that all the documentary requirements stipulated by the Patents & Designs Act have been fulfilled, the application will immediately proceed to acceptance and registration. Where the application however fails to conform to the prescribed requirements, the Registrar will not issue the Acceptance form until these requirements have been met.
Patent Registration validity and Maintenance:
Registration of Patent is valid for a period of 20 years and must be renewed annually. After the 20th renewal, the patent will revert to the public domain.