Legal Question in Intellectual Property in Nigeria

I have an innovative idea and am ready to begin patent, but I want to find out if it's possible to patent an innovation/improvement on an already existing device under the PCT. For instance, if I want to improve on a regular electric light bulb that has a switch by innovating/adding a dimmer regulator to reduce/increase the output voltage of the bulb, CAN I PATENT THE IDEA? Note: I am just using this as an illustration as it already exists


Asked on 11/26/10, 8:08 am

1 Answer from Attorneys
Chukwuyere Izuogu

Its very much possible to patent an idea which is already covered under the PCT as the patent registrar in Nigeria is not bound to carry out an examination as to the novelty of the invention. The real challenge would in a patent infringement suit where an alleged infringer can argue pursuant to the Patent Act that the invention be nullified by the court on the grounds that it already forms part of the state of art in the public domain, however it is still very possible for applications/claims to be drafted in such a way as to circumvent this.

For more information send an email to [email protected]

Read more
Answered on 11/26/10, 8:51 am


Related Questions & Answers

More Intellectual Property questions and answers in Nigeria