FILING FOR A PATENT
Patents are exclusive monopoly rights granted by the Federal Government of Nigeria to an inventor, which preludes another inventor from exploiting the proprietor’s invention without his consent. Patents protect new inventions and cover how things work; what they do; how they do it; what they are made of and how they are made.
Patents are granted exclusively to a patentee for a period of 20 years from the date of filing the application. A Patent shall also lapse if the prescribed annual fees are not duly paid for in respect of it.
A patent application relates to only one application and for a Patent to be granted, it must satisfy the following requirements:
The Patents Registry, Commercial Law Department of the Federal Ministry of Industry administers the protection of Patents in Nigeria. The Legislation that governs the affairs and registration of patents in Nigeria is the Patents and Design Act 1971. Patent applications are usually filed in the English Language in Nigeria.
Requirement for Patent Registration
Documents required for the registration of Patents in Nigeria are as follows:
Cost of filing for Patent
The cost of filing for a Patent at the Registry depends on individual patent attorney appointed for the registration. By and large, Nigerian Patent Attorneys charge between N150, 000.00 ($420) to N250, 000 (about $700) for filing and professional fees to complete a single patent application.
However, a patent is a delicate application, it is important to appoint only competent and authorized agent to file for the application and not rely on unaccredited middlemen, who have no knowledge of the application process. An incompetent patent application may be refused by the patent registry.
In conclusion, theRegistration of a Patent requires that the applicant must have invented certain ideas, which can be protected, and not just mere expression of it.
A patent issued by the Registry confers upon a Patentee the right to prevent any third party from doing, selling, importing or re-inventing the product or service for the purpose of sale or use without the consent of the Patentee. It also confers on the Patentee the legal right to challenge any unauthorized invention by a third party.
By intellectual Property Law Department at Resolution Law Firm
Resolution Law Firm is an accredited Patent Law Firm based in Lagos, Nigeria