Monday, 10 March 2008

Patent update in Nigeria

Courtesy of David Garrick, Kayode & Co, Afro-Ip weblog has learnt that:

In May 2005, Nigeria became a signatory to the PCT but up till now the National Assembly has not ratified the treaty as required by the constitution. Nevertheless applications to file PCT Patents in Nigeria are accepted by the Registry. The Registrar of Patents has clarified that the date on which annuities are payable on PCT applications filed in Nigeria is as follows:

1. Annuities on all applications based on PCT Patents filed in Nigeria within the priority period specified in the Treaty are payable from the date of the filing of the International (PCT) applications on which the Nigerian applications are based.

2. Any application filed outside the priority period prescribed by the Treaty would be deemed to have lost its priority and would be treated as a local patent under the Patents and Designs Act. Cap. 344 Laws of the Federation of Nigeria, 1990; annuity would thus be payable on the anniversary date of the filing of the application in Nigeria.

The Registrar has also directed that with effect from 2008, a new Patent numbering system would be adopted as indicated on the Official Filing Receipt. posted by Darren Olivier

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