Under the Nigerian Patents and Designs Act (PDA), a compulsory license can be granted to a third party without the consent of the patent holder in certain circumstances. The minimum time period after the filing of a patent application before a person can apply for a compulsory license is: Four years from the date of filing the patent application, or Three years from the date the patent was granted, whichever period expires last. However, even […]

This article will attempt to provide some context that might explain why  local companies in Nigeria are hesitant to file for patents. Here is a comprehensive analysis: Lack of Substantive Examination and Uncertainty about Patent Validity: The Nigerian patent system lacks substantive examination. This means patent applications are only reviewed for formal requirements, without assessing their novelty, inventiveness, or industrial applicability. Consequently, patents are granted “at the risk of the patentee and without guarantee of […]

The Nigerian Patents and Designs Act (PDA) lays out specific conditions that an invention must satisfy to be considered patentable. These requirements, as described in the this article, center around the concepts of novelty, inventive activity, and industrial applicability. Novelty: The invention must be new. This means it must not form part of the “state of the art,” which encompasses all knowledge that has been made available to the public, whether in writing or orally, […]

The Nigerian Patents and Designs Act (PDA) outlines the rights granted to a person who has been granted a compulsory license to use a patented invention. These rights are subject to certain limitations and conditions, and they do not fully equate to the rights enjoyed by the original patentee. Right to Exploit the Patented Invention: A compulsory licensee is granted the right to exploit the patented invention for which the license has been issued. This […]

This is a  detailed picture of how compulsory licensing operates within the Nigerian patent system. This mechanism, enshrined in the Patents and Designs Act (PDA), seeks to balance the exclusive rights of patent holders with the broader interests of society, particularly in promoting local industrial development, addressing public health emergencies, and preventing the abuse of patent monopolies. Legal Basis and Justification: The PDA’s provisions on compulsory licensing are rooted in the internationally recognized TRIPs Agreement, […]