Lawyers' Guide
Laws of the Federation Preview 75 min read

Patents and Designs Act

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Arrangement of Sections

Patents

1. Patentable inventions

2. Right to patent

3. Patent applications

4. Examination of application and grant of patent

5. Form of grant, registration and publication

6. Rights conferred by patent

7. Duration and lapse of patent

8. Surrender of patent

9. Nullity of patent

10. Licences of right

11. Compulsory licences and official use

Designs

12. Nature of industrial design

13. Registrable designs

14. Right to registration

15. Applications for registration

16. Examination of applications for registration

17. Registration and publication

18. Applications under sealed cover

19. Rights conferred by registration

20. Duration and renewal of registration

21. Renunciation of registration

22. Nullity of registration

General

23. Contractual licences

24. Assignments, transfers and joint ownership

25. Infringement of rights

26. Legal proceedings

27. Foreign priority

28. Registration: miscellaneous provisions

29. Effect against the State

30. Rules

31. Repeals, and transitional and saving provisions

32. Interpretation

33. Short title

First Schedule

Compulsory Licences and use of patents for service of government agencies

Second Schedule

Transitional and saving provisions

An Act to make comprehensive provisions for the registration and proprietorship of Patents and Designs in Nigeria and other matter ancillary thereto.

[Commencement] [1st December 1971]

Patents

1. (1) Subject to this section, an invention is patentable-

(a) if it is new, results from inventive activity and is capable of industrial application; or
(b) if it constitutes an improvement upon a patented invention and also is new, results from inventive activity and is capable of industrial application.
(2) For the purposes of subsection (1) of this section-
(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; and
(c) an invention is capable of industrial application if it can be manufactured or used in any kind of industry, including agriculture.

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