General
Hesitancy of Local Companies in Nigeria to File Patent Applications
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 […]
Patentability Requirements Under the Nigerian Patents and Designs Act
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 […]
Rights of a Compulsory Licensee in Nigeria: Under The Nigerian Patents and Designs Act
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: […]
Compulsory Licenses in Nigeria: A Balancing Act Between Public Interest and Patent Rights
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 […]
Types and Uses of Company Limited by Guarantee in Nigeria
A Company Limited by Guarantee (CLG) is a unique legal structure recognized under the Companies and Allied Matters Act (CAMA) 2020 in Nigeria. It is designed for organizations that operate for non-profit purposes, focusing on activities that benefit the public. Unlike companies limited by shares, a CLG does not have shareholders but members who […]