PATENT REGISTRATION IN NIGERIA – Part 2 – INTELLECTUAL PROPERTY

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PATENT REGISTRATION IN NIGERIA – Part 2 – INTELLECTUAL PROPERTY


The Procedure for Patent Application

 

The application to the Patents Registrar

An application to the Patents Registrar shall consist of:

  • A request for a patent signed by the applicant or his agent; containing the applicant’s full name and address. If the address is outside Nigeria, there should be an address for service within Nigeria;
  • A specification, including claims in duplicate;
  • Plans and drawings, if any, in duplicate;
  • A declaration signed by the true inventor requesting that he be mentioned as such in the patent and giving his name and address;
  • Signed power of attorney or authorization of agent if the application is made by an agent;
  • Evidence of payment of the prescribed fee.
  • For PCT or Conventional patents, the applicant shall:
  • Append to his application a written declaration showing:
    1. The date and number of the earlier application;
    2. The country in which the earlier application was made; and
    3. The name of the person who made the earlier application;
    4. Furnish the Registrar with a copy of the earlier application 5.  5. 5. Certified by the IP Office of the foreign convention country.

 

Official Acknowledgement of Application

Upon filing the application, the Registrar will issue a filing receipt to the applicant, acknowledging that the application has been filed and received at the Registry. The said date is considered to be the official filing date of the patent. The Acknowledgment Notice bears the title of the patent, the name of the applicant and that of the agent. Such a document is generally issued within one or two weeks with the help of any of the Intellectual Property Law Firms in Nigeria.

 

You can also read: Patent registration in Nigeria - Part 1 – Intellectual Property

 

Examination of the application by the Registrar

The Patent is then examined to ensure its conformity with the provisions of the Act. If the prescribed requirements are satisfied, the patent will be registered without further examination by the issuance of an Acceptance Notice to the applicant.

 

Grant of the Patent

Upon the grant of a patent, the Registrar will issue to the applicant the Letters Patent (certificate of registration of patent).

The certificate will bear the relevant number, the name, and domicile of the patentee, the dates of the patent application and the grant, the title of the invention and the period of its validity, and the number and date of the application on which a claim of foreign priority is based. Moreover, you can take the guidance of any of the Patent and Trademark attorneys for this process.

 

Registration and Publication

Following the grant of the patent, the Registrar will:

  1. Enter the particulars of the grant in the Register, and
  2. Publish a notification of the grant in the Federal Gazette.

 

Duration and Lapse of Patent

Patents expire after 20 years from the date of filing of the relevant patent application. The law provides that a patent shall lapse if the patent holder fails to pay the prescribed annual fees after a grace period of 6 months following the year from which such fees are due.

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