A patentee may apply for the words ‘Licences of Right’ to be registered in respect of his work and this entitles him to grant licences to other persons at a cost to exploit the patent.
Many of us have technical backgrounds and industry experience and can advise with confidence in cases involving the most complex technology. On the transactional side we are well versed in the specific legal and practical issues arising in relation to the commercialisation of technology rights in the Nigeria and across borders, including for example, in relation to collaboration agreements, licensing, in depth patent due diligence and technology backed financings.
The right to a patent in Nigeria in respect to an invention is vested in a person, who, whether or not he is the true inventor, is the first to file or validly claim a foreign priority for a patent application in respect of the invention. Under Nigerian Law, first registration of a patent or a foreign priority is, therefore, the basis of a claim to patent protection in Nigeria. A patentee has the right to preclude any other person from making, importing, selling, using the produce or stocking it for the purpose of sale or use. A Patent registered in Nigeria shall expire after 20 years of filing the application or sooner if the annual filing fees are not paid.