Patent & PCT National Phase Applications
Nigeria patents require novelty and inventiveness but the Nigerian Patent Office does not perform an examination when filing your patent application. The payment of annual renewal fees from the 1st anniversary of the filing date will keep your patent in force for a maximum period of 20 years. Nigeria is a member of the Patent Cooperation Treaty (PCT) and the Paris Convention. Applicants who do not have their domicile or head office in Nigeria must elect an agent (registered patent attorney) in Nigeria to perform the patent protection on their behalf. Inventions shall be protected by the following industrial property titles:
1. Patents, granted protection from the patent application filing date;
2. National Phase PCT Application.
Smit & Van Wyk is an Intellectual Property law firm in Africa which specialise in Morocco patents, PCT applications and industrial designs. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ Intellectual Property needs in Africa. Our dedicated team of patent attorneys provide a wide range of patent-related services across multiple industries and fields of technologies, including:
- Preparing and prosecuting patent and PCT applications.
- Advising on the patentability of inventions.
- Helping clients license, franchise or assign their rights.
- Conducting patent searches.
- Handling the payment of maintenance fees.
- Recording amendments to a patent.
- Translating patent specifications into local languages.
Nigeria Trademarks – Nigeria is a first to file country and trademark registration is mandatory to be granted rights over a mark. Nigeria trademarks are valid for 7 years from the filing date and renewable for further periods of 14 years. Smit & Van Wyk Intellectual Property lawyers deal exclusively with trademark law in Nigeria…
Nigeria Patents – Require novelty and inventiveness but the Nigerian Patent Office does not perform an examination when filing your patent application. The payment of annual renewal fees from the 1st anniversary of the filing date will keep your patent in force for a maximum period of 20 years…
PCT National Phase Applications
Nigeria is a member of the Patent Cooperation Treaty (PCT). The PCT National Phase entries provide a unified procedure for filing patent applications to protect intellectual property in each of the PCT contracting states. The term for entering PCT national phase in Nigeria is 30 months from the priority date and the restoration of this term is not possible. Claims, specification, abstract and drawings must be submitted in English within 3 months of filing a patent or PCT application.
Nigeria is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trade marks and industrial designs to name a few.