Patent

Who may or may not use the innovation is up to the patent owner's determination for the term of the patent's protection. Stated otherwise, the innovation cannot be used, distributed, imported, or sold for profit without the patent owner's consent if it is protected by a patent.

Throughout the period of the patent's protection, the patent holder retains the power to determine who can and cannot make use of the invention. Stated otherwise, a patent shields an invention from being used, distributed, imported, or sold for profit without the patent owner's consent.

Inventions in any area of technology, from a common kitchen tool to a nanotechnology chip, are eligible for patent protection. An innovation can take the form of a product, such as a chemical compound, a method, or a method for generating a certain chemical compound. In fact, many goods include several inventions. A laptop computer, for instance, may have hundreds of interrelated inventions.

Patent protection is granted for a limited period, generally 20 years from the filing date of the application

Patent owners usually enforce their right in court. A court of law has the authority to put a stop to patent infringement. However, it is the patent owner who bears the primary burden of keeping track, identifying, and instituting an action against infringers.

A patent grants the owner the power to ban others from using a registered innovation or to choose to agree to conditions for the use of the invention by other. An inventor also has the legal right to sue anyone who violates the registered innovation and sue for damages. In appropriate cases, the court may also issue injunctive orders preventing the offender from continuing to violate the rights of the patent holder. Also, a patent gives the owner the authority to sell or lease the innovation to third parties, just like any other asset. This might be a significant source of income for the patent owner.

Yes, the Patent and Design Act (the “Act”) stipulates the following requirements for registering a patent in Nigeria as follows: 1. Novel Invention The invention must be original and contain a creative idea that would be novel to a person with the necessary background and expertise. Additionally, the invention must never have been discovered, employed, or made public. Most of the time, it is advisable to keep an invention a secret until it has been registered; otherwise, the inventor runs the danger of having his own patent invalidated by premature disclosure. 2. Capable of Industrial Application The invention must be able to be produced or utilized in a particular industry. This implies that the invention must assume the concrete shape of an equipment, product, or device and must go beyond just being an idea, a scientific theory, an aesthetic production, or a computer program. 3. Public Policy and Morality The invention must not violate morals or public policy because the Patents Registry may reject an application for this reason. 4. Full Description In addition to the provisions of the Act, the Registry stipulates that the application must fully and accurately explain all of the invention’s specifics, including its methods and all of its implications.

The following information must be included in an application made to the Registrar of Patents and Designs: 1. The applicant’s full name and address, together with a Nigerian address for service if the applicant’s address is outside of Nigeria. 2. A summary of the relevant invention, together with any necessary plans and drawings 3. The application must be accompanied by the required fees, which are periodically set by the Registry 4. A declaration from the true inventor of the product, including his name and address and asking to be identified as such in the patent, when applicable 5. If the application is presented by an agent, power of attorney directing the donee of the power of attorney to that effect.

No, copyright protection does not require publication.

The duration of a patent is 20 years from the date of filing. However, you are expected to renew your patent annually for the duration of that 20 years.