Patents Law Volume 1 Number 6
(Overview of Patents & Designs in Nigeria)
June 23, 2013
- Nigerian Law Guru
- Intellectual Property Rights for Business and Society, London Conference
- The Journal of World Intellectual Property
This paper provides a brief history of Nigeria’s patent laws as derived from the English system of patenting. Specifically, the paper looks at provisions of the Patents and Designs Act as contained in Chapter 344 of the Laws of the Federation of Nigeria 1990.
The paper further examines provisions that address the exclusion from patentability, criteria for patentability, the rights conferred by patents in Nigeria and details the procedure for applying for the grant of a patent in Nigeria. Read more
Nigeria’s Research System and the Culture of Patenting by Adesina Ayobami Oyewale, paper presented at the Intellectual Property Rights for Business and Society, London Conference, September 14 and 15, 2006
This paper presents the result of a study on the urge and willingness of Nigerian researchers to patent their inventions. The study focused on Pharmaceutical studies, Food Science and Technology, and Metallurgy and Materials Science in universities.
The study revealed that the Nigerian government was the major financier of research activities of the researchers, some of who had generated some inventions/research breakthroughs. The study found that about 95% of the researchers were willing to patent their inventions, but about 10% of them had applied for patents. Researchers in pharmaceutical studies were most active in patenting of inventions, followed by those in Food Science and Technology, and least in Metallurgy and Materials Studies. Read more
The January 2002 Nigerian Supreme Court Decision in the case of Uzokwe v. Denzy Industry Ltd (Uzokwe) is disappointing as it failed to correctly interpret the provisions of Section 13(3) of the Patents and Designs Act (P&D Act) governing the “use” as an instance of prior publication that can defeat the requirements of novelty in the registration of designs in Nigeria. This article reviews the interpretation placed on the said section by Nigerian Courts and an alternative interpretation is suggested. Read more