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www.spnglegal.com_____________________________________________________________________________________ may be filed at anytime not more than three months before the expiration of the registration to theRegistrar of Trademarks.PATENTThe right to a patent is granted for an invention to an individual (the Patentee) for a limited period of amonopoly right in respect of that invention.Governing Legislation/Regulatory AgencyGrant of patents in Nigeria is regulated by the Patents and Designs Act (PDA) Cap P2 of Laws of theFederation of Nigeria 2004. The Trademarks, Patents and Designs Registry under the Commercial LawDepartment of the Federal Ministry of Industry, Trade and Investment (MITI), is also the relevant patentauthority.Conditions for patentabilityTwo conditions are primarily set for patentability. They are;§ that there is an invention or inventive step,§ and such invention is capable of industrial application.However, plants or animal varieties, or essentially biological processes for the production of plants oranimals, inventions the publication of which will be contrary to public order and morality, principles of ascientific nature are not patentable.Procedure for applicationSTEP 1 Formal applica3on is made to the registrar STEP 2 Registrar shall grant patent where sa3sified with the applica3on STEP 3 Grant is registered in the register and published in theFederal GazeXe _____________________________________________________________________________________Doing Business in NigeriaAn Investor’s Guide- 2013Page 30 of 36

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