PATENT

In simple words, a patent is a special permission given by a government which protects an invention from unauthorised access and usage.

What is an Invention?
An invention is a product or a technique which offers a new way of doing something or presents a new technical solution to a problem and a patent is an exclusive right awarded for that invention.

A patent protects the method through which the innovation was generated in addition to the invention itself, which is the finished product.
It further protects the invention and the process in getting that invention from unauthorised access and usage.

Under Nigerian Law, the prevailing law that covers Patents is the Patents and Designs Act. The Act provides that "an invention can only be patented if it is new or results from an inventive activity and capable of industrial application; or, it constitutes an improvement upon a patented invention and also is new, results from inventive activity and is capable of industrial application"(S.1)

The case of Agbonrofo v. Grain Haulage and Transport Ltd highlights this.

In this case, the plaintiff made an improvement on a ring boiler by inventing a harmless electric ring boiler unlike the imported ring boiler. The improvement results in a ring boiler that prevents fire disaster, thus it was held to be an invention and patentable.

In understanding who owns the patent to an invention, the Nigerian Law on Patent (Patent and Designs Act) provides that the first individual to submit a patent application would be regarded as the Statutory Inventor even though he/she may not be the actual inventor.

However, whether or not the actual inventor is the statutory inventor, he is nonetheless entitled to be identified as such in the patent and such right is non-negotiable.

It is also essential to know that the validity term of a patent is 20 years from the date of filing of the application and not the date the patent is given.

And once your patent expires you can either renew it or it would be given to the public and as the actual inventor, you would not have exclusive right to the invention.

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-KNOWLEDGE TENT BLOGGERS