Nigeria Joins the PCT
Nigeria became a member of the Patent Cooperation Treaty (PCT) on 8 May 2005.
Theoretically, it should now be possible to obtain patent protection in Nigeria based on an International patent application designating Nigeria filed on or after 8 May 2005.
Nigeria’s patent law, however, has not yet been amended to recognise PCT national phase patent applications. According to the Registrar of Patents in Nigeria, an amendment is currently being considered, but it is unclear as to when the amendment will take effect.
We therefore advise our clients to continue to file patent applications in Nigeria within the 12 month Convention period, until such time as there is clarity on this issue.
We also advise that Nigeria has acceded to the Patent Law Treaty (PLT), which came into force on 28 April 2005. We understand that Nigeria’s patent law will also be amended to comply with the PLT requirements, but again it is unclear when these amendments will be made.
We will keep you advised of developments.
Click here for Nigeria Filing Requirements.
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