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Nigeria - Apply for Certificate of Patent Design Registration

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Procedure[edit]

The actual procedure for application for Letters Patent is quite simple and straightforward. The applicant (assisted by his/its agent - usually a solicitor in Nigeria) is obliged to complete some Statutory Forms, which may be obtained from the Patents and Trademarks Registry, and to return the same accompanied by documents relating to the invention.


The Application Form and relevant supporting documents are thereafter referred to an examiner who investigates the novelty of the invention claimed and establishes whether or not an earlier claim had been made on it the process begins with:

Official Acknowledgement of Application
  • An application is made in the prescribed form and accompanied by the requisite documents to the Registrar, who issues a filing Receipt to the applicant, acknowledging that the application has been filed and received at the Registry. This date remains the official filing date of the patent.
  • This Acknowledgement Notice details the title of the patent, the name of the applicant as well as the agent(s) on record, if any. This document takes 5 14days to issue.
  • Examination of Application (Acceptance Notice):


The Patent is examined to ensure its conformity with the provisions of the Patent & Designs Act; and in particular, that it is registrable. Where the examination shows that the application satisfies the prescribed requirements, the patent will be registered without further examination by the issuance of an Acceptance Notice to the applicant. Where the application however fails in any respect, to conform to the prescribed requirements, the Registrar will not issue the Acceptance form until these requirements are met.

Issuance of Letters Patent (Certificate)

This document issues within 3-9 months following the issuance of the Acceptance Form.

Other information regarding Registration Procedures of Certificate of patent Design.

An application is deemed patentable when:

  • It is new.
  • Must have resulted from inventive activity.
  • Is capable of industrial application.

The final registration/sealing fees for patent applications are included in the initial filing fees.

Please note that there is no due date for the decision to grant. Every patent needs to follow the due process and once a patent application goes through the process, it proceeds to grant.

Deadline for filing Amendment

The deadline for filing amendment to a patent application, is usually within three months in of the filing of other inventions dealt with in the original application.



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Required Documents[edit]

  1. A simple Power of Attorney/Authorization of agent.
  2. A clean and clear copy of the specification, claims, abstract and drawings. (Including amendments if necessary)3 copies of these are required.
  3. 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.
  4. The text of the PCT specification and claims filed should include any amendments effected by the annexes to the International Preliminary Examination Report.


Office Locations & Contacts[edit]

Trademarks, Patents and Designs Registry Commercial Law Department

Ministry Of Trade and Investment

Block D, Old secretariat, Area 1, Garki Abuja

Telephone No.: 08092194426, 08092194416, 08092194404

Email: info@iponigeria.com

Website: http://www.iponigeria.com/

A list of accredited trademark agents and their contact addresses can be viewed at http://www.iponigeria.com/site/166?main=133&sidemenu=133;


Federal Ministry of Industry, Trade & Investment

P.M.B. 85, Garki Post Office

Old Federal Secretariat, Area 1, Garki

Block 'C', Abuja

Tel: 09-2341387; 2341721; 2341690

E-mail: info@fmti.gov.ng

Website: http://www.fmti.gov.ng


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Eligibility[edit]

All Individuals or companies interested in the Nigerian Certificate of patent design and other related services are eligible provided they have registered with the Patents and Trademarks Registry in Nigeria.



Fees[edit]

Explain the fees structure which is required for obtaining the certificate/document.



Validity[edit]

  • Registration of Certificate of Patent design is valid for a period of 20 years and must be renewed annually for the next 20 years after which it reverts to the public domain. The first annuity is due on a National application from the date of filing and in an International application, on the date of the first filing of that application.


Documents to Use[edit]

Please attach documents that can be used by people. e.g. links



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Sample Documents[edit]

Please attach sample completed documents that would help other people.



Processing Time[edit]

  • The certificate of Patent Design Registration document takes 5 14days to be issued.



Related Videos[edit]

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	



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Instructions[edit]

Every patent Design certificate application-

(a) shall be made to the Registrar and shall contain

  • (i) the applicant's full name and address and, if that address is outside Nigeria, an address for service in Nigeria,
  • (ii) a description of the relevant invention with any appropriate plans and drawings,
  • (iii) a claim or claims, and
  • (iv) such other matter as may be prescribed; and


(b) shall be accompanied by-

  • (i) the prescribed fee,
  • (ii) where appropriate, a declaration signed by the true inventor requesting that he be mentioned as such in the patent and giving his name and address, and
  • (iii) if the application is made by an agent, a signed power of attorney (so however that, notwithstanding any rule of law, legalisation or certification of the signature of the power of attorney shall be unnecessary).



Required Information[edit]

  • An application in the requisite form stating the article to which the design is to be applied.
  • Specimens, photographic or graphical representations of the design.
  • A Power of Attorney, if application is being made by an agent.
  • An indication of the kind of product or class of product for which the design will be used.
  • If claiming a foreign priority; a written declaration showing the date, number, country and the name of the person who made the earlier application.
  • If unavailable at the time of application, the applicant shall within 3 months of application, furnish the registry with a certified copy of the earlier (foreign) application.



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Need for the Document[edit]

There is an act in Nigeria for individuals or companies seeking patent protection for their innovations before same are adopted or exploited by the competition. Obtaining this protection provides them with a legal recourse to recover damages in the event of patent design infringement.
(a) an invention is new if it does not form part of the state of the art,
(b) an invention results from inventive activity if it does not obviously follow from the state of the art, either as to the method, the application, the combination of methods, or the product which it concerns, or as to the industrial result it produces;
(c) an invention is capable of industrial application if it can be manufactured or used in any kind of industry, including agriculture.



Information which might help[edit]

The examiner's report is not binding on the Registrar but only assists him in arriving at a decision. If the request for a patent is accepted, Letters Patent are granted to the applicant or joint-applicants and sealed with the seal of the Registrar of Patents upon payment of the prescribed fees


Patents cannot be validly obtained in respect of-

(a) plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products); or
(b) inventions the publication or exploitation of which would be contrary to public order or morality (it being understood for the purposes of this paragraph that the exploitation of an invention is not contrary to public order or morality merely because its exploitation is prohibited by law).
(c) Principles and discoveries of a scientific nature are not inventions for the purposes of the Act.



Other uses of the Document/Certificate[edit]

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.



External Links[edit]

http://www.nigeria-law.org/Patents%20and%20Designs%20Act.htm

http://www.iponigeria.com/

http://www.iponigeria.com/site/133?main=130&sidemenu=130

http://legalnaija.blogspot.com/2013/09/how-to-register-trademark-or-patent-in.html

http://www.marcaria.com/Nigeria/trademarks/Nigeria-trademark-registration-process.htm

http://www.nlipw.com/trademarks-in-nigeria-two-minute-lesson/

http://www.proshareng.com/articles/2093

http://www.intellogist.com/wiki/Trademarks,_Patents_and_Design_Registry_%28Nigeria%29

http://www.nigeria-law.org/Trade%20Marks%20Act.htm

http://www.nairaland.com/154450/trademark-registeration-nigeria-all-questions



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Others[edit]

More information which might help people.