Legal Question in Intellectual Property in

Applications for a patent must be made to the office of the registrar of Trade Marks, Patents & Designs, Commercial Law Department Federal Ministry of Commerce and Industry located in Abuja.

The patent will usually be granted for an invention where the invention is novel/new, results from an inventive activity and is capable of industrial application.

A search must first be carried out to ensure that the product has not already been patented. After the search has been completed the inventor is free to go ahead and proceed with registration.

An application can then be made to the registrar and must contain

� The applicant�s full name and address. If the applicant�s address is outside Nigeria then a service address will be admissible.

� The description of the relevant invention along with any plans and drawings appropriate.

� A claim that defines the particular protection or rights sought after by the applicant.

� Such other matter as may be prescribed depending on the facts of the application.

These requirements will be accompanied by:

a. A prescribed fee

b. Where appropriate, a declaration by the true inventor requesting that he be mentioned as such in the Patent with his name and address.

c. In event of where a legal practitioner makes the application on behalf of the applicant, a signed Power of Attorney will be required.