WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Couucil for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/NGA/I/l 
6 November 2001 
(01-5463) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
NIGERIA 
The present document reproduces the textl of the Patents and Designs Act, as notified by 
Nigeria under Article 63.2 ofthe Agreement (see document IPINIIINGAl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NIGERIA 
Le present document contient le textel de la Loi sur les brevets et les dessins et modeles, 
notifie par le Nigeria au titre de l'article 63:2 de l'Accord (voir le document IPIN/1INGAl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
NIGERIA 
En el presente documento se reproduce el textol de la Ley de Patentes y Dibujos y Modelos 
Industriales, que Nigeria notific6 de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPIN/1INGA/2). 
1 In English only'/En anglais seulement.!En ingles solamente. IPlNlllNGA/IIl 
Page 2 
CHAPTER 344 
PATENTS AND DESIGNS ACT 
ARRANGEMENT OF SECTIONS 
SECTION 
Patents 
1. Patentable inventions. 
2. Right to patent. 
3. Patent applications. 
4. ExaminatIOn of application and grant of patent. 
5. Form of grant, registration and publication. 
6. Rights conferred by patent. 
7. Duration and lapse of patent. 
8. Surrender of patent. 
9. Nullity of patent. 
10. Licences of right. 
11. Compulsory licences and official use. 
Designs 
12. Nature of industrial design. 
13. Registrable designs. 
14. Right to registration. 
15. Applications for registration. 
16. Examination of applications for registration. 
17. Registration and publication. 
18. Applications under sealed cover. 
19. Rights conferred by registration. 
20. Duration and renewal of registration. 
21. Renunciation of registration. 
22. Nullity of registration. 
General 
23. Contractual licences. 
24. Assignments, transfers and joint ownership. 
25. Infringement of rights. 
26. Legal proceedings. 
27. Foreign priority. 
28. Registration: miscellaneous provisions. 
29. Effect against the State. 
30. Rules. 
31. Repeals, and transitional and saving provisions. 
32. Interpretation. 
33. Short title. FIRST SCHEDULE IPINIlINGAIIII 
Page 3 
COMPULSORY LICENCES AND USE OF PATENTS FOR SERVICE OF GOVERN:-V1ENT 
AGENCIES 
SECOND SCHEDULE 
TRANSITIONAL AND SA VING PROVISIONS 
CHAPTER 344 
PATENTS AND DESIGNS ACT 
1970 No. 60. An Act to make comprehensive provisions for the regis­
tration and proprietorship of Patents and Designs in 
Nigeria and other matters ancillary thereto. 
Commence­
ment. 
L.N.53 
of 1971. 
Patentable 
inventions. [1st December, 1971] 
Patents 
1. (1) Subject to this section, an invention is patentable­
(a) if it is new, results from inventive activity and is 
capable of industrial application; or 
(b) if it constitutes an improvement upon a patented 
invention and also is new, results from inventive 
activity and is capable of industrial application. 
(2) For the purposes of subsection (1) of this section­
(a) an invention is new if it does not form part of the state 
of the art, 
(b) an invention results from inventive activity if it does 
not obviously follow from the state of the art, either 
as to the method, the application, the combination of 
methods, or the product which it concerns, or as to 
the industrial result it produces; and 
(c) an invention is capable of industrial application if it 
can be manufactured or used in any kind of industry, 
including agriculture. IPlNlIINGAlIIl 
Page 4 
(3) In subsection (2) of this section, "the art" means the 
art or field of knowledge to which an invention relates and 
"the state of the art" means everything concerning that art 
or field of knowledge which has been made available to the 
public anywhere and at any time whatever (by means of a 
written or oral description, by use or in any other way) 
before the date of the filing of the patent application relating 
to the invention or the foreign priority date validly claimed 
in respect thereof, so however that an invention shall not be 
deemed to have been made available to the public merely by 
reason of the fact that, within the period of six months 
preceding the filing of a patent application in respect of the 
invention, the inventor or his successor in title has exhibited 
it in an official or officially recognised international exhi­
bition. 
(4) Patents cannot be validly obtained in respect of­
(a) plant or animal varieties, or essentially biological 
processes for the production of plants or animals 
(other than microbiological processes and their pro­
ducts); or 
(b) inventions the publication or exploitation of which 
would be contrary to public order or morality (it 
being understood for the purposes of this paragraph 
that the exploitation of an invention is not contrary to 
public order or morality merely because its exploi­
tation is prohibited by law). 
(5) Principles and discoveries of a scientific nature are 
not inventions for the purposes of this Act. 
2. (1) Subject to this section, the right to a patent in 
respect of an invention is vested in the statutory inventor, 
that is to say, the person who, whether or not he is the true 
inventor, is the first to file, or validly to claim a foreign 
priority for, a patent application in respect of the invention. 
(2) The true inventor is entitled to be named as such in 
the patent, whether or not he is also the statutory inventor, 
and the entitlement in question shall not be modifiable by 
contract. 
(3) If the essential elements of a patent application have 
been obtained by the purported applicant from the inven­
tion of another person (or from that other person's suc­
cessor in title) without the consent of that other person (or 
his said successor) both to the obtaining of those essential 
elements and to the filing of the application, all righ ts in the 
application and in any patent granted in pursuance of it shall 
be deemed to be transferred to that other person or his said 
successor, as the case may be. Right to 
patent. Patent 
applications. IP/N/I/NGAIIII 
Page 5 
(4) Where an invention is made in the course of employ­
ment or in the execution of a contract for the performance 
of specified work, the right to a patent in the invention is 
vested in the employer or, as the case may be, in the person 
who commissioned the work: 
Provided that, where the inventor is an employee, then­
(a) if-
(i) his contract of employment does not require 
him to exercise any inventive activity but he has in 
making the invention used data or means that his 
employment has put at his disposal, or 
(ii) the invention is of exceptional importance, 
he is entitled to fair remuneration taking into account 
his salary and the importance of the invention; and 
( b) the entitlement in question is not modifiable by 
contract and may be enforced by civil proceedings. 
(5) A person is not an inventor for the purposes of this 
section if he has merely assisted in doing work connected 
with the development of an invention without contributing 
any inventive activity. 
3. (1) Every patent application-
(a) shall be made to the Registrar and shall contain­
(i) the applicant's full name and address and, if 
that address is outside Nigeria, an address for service 
in Nigeria, ~ 
(ii) a description of the relevant invention with any 
appropriate plans and drawings, 
(iii) a claim or claims, and 
(iv) such other matter as may be prescribed; and 
(b) shall be accompanied by-
(i) the prescribed fee, 
(ii) where appropriate, a declaration signed by the 
true inventor requesting that he be mentioned as such 
in the patent and giving his name and address, and 
(iii) if the application is made by an agent, a signed 
power of attorney (so however that, notwithstanding 
any rule of law, legalisation or certification of the 
signature of the power of attorney shall be 
unnecessary) . IPIN11INGA/IIl 
Page 6 
Examination 
of applica· 
tion and 
grant of 
patent. (2) The description referred to in'subsection (l)(a)(ii) of 
this section shall disclose the relevant invention in a manner 
sufficiently clear and complete for the invention to be put 
into effect by a person skilled in the art or field of 
knowledge to which the invention relates; and the claim or 
claims referred to in subsection (l)(a)(iii) of this section, 
shall define the protection sought and shall not go beyond 
the limits of the said description. 
(3) A patent application shall relate to only one inven­
tion, but may include in connection with that invention-
(a) claims-
(i) for any number of products, 
(ii) for any number of manufacturing processes for 
those products, and 
(iii) for any number of applicat,ions of those pro­
ducts; and 
(b) claims-
(i) for any number of processes, and 
(ii) for the means of working those processes, for 
the resulting product or products and for the applica­
tion of those products. 
(4) Where the applicant for a patent seeks to avail 
himself of a foreign priority in respect of an earlier applica­
tion made in a country outside Nigeria-
(a) he shall append to his application under subsection 
(1) of this section a written declaration showing-
(i) the date and number of the earlier application, 
(ii) the country in which the earlier application was 
made, and 
(iii) the name of the person who made the earlier 
application; and 
(b) not more than three months after the making of the 
application under subsection (1) of this section, he 
shall furnish the Registrar with a copy of the earlier 
application certified correct by the Industrial 
Property Office (or its equivalent) in the country 
where the earlier application was made. 
4. (1) The Registrar shall examine every patent applica­
tion as to its conformity with section 3(1), (3) and (4) of this 
Act, and-
(a) if section 3(1) of this Act has not been complied with, 
the Registrar shall reject the application; 
(b) if section 3(3) of this Act has not been complied with, 
the Registrar sha11-IPIN/lINGA/I/l 
Page 7 
(i) invite the applicant to restrict the application so 
that it relates to only one invention, and 
(ii) notify the applicant that he may within three 
months file in respect of the other inventions dealt with 
in the original application subsidiary applications 
which shall benefit from the date of filing of the origi­
nal application and, if relevant, from the date of any 
foreign priority claimed under section 3(4) of this Act, 
and, if the applicant does not comply with the invita­
tion mentioned in sub-paragraph (i) of this subsec­
tion, shall reject the application, and 
(c) if section 3(4) of this Act has not been complied with, 
the Registrar shall disregard any claim for foreign 
priority. 
(2) \Vhere the examination mentioned in subsection (1) 
of this subsection shows that a patent application satisfies 
the requirements of section 3( 1) and (3) of this Act, the 
patent shall be granted as applied for without further 
examination and, in particular, without examination of the 
questions-
(a) whether the subject of the application is patentable 
under section 1 of this Act; 
(b) whether the description and claims satisfy the 
requirements of section 3(2) of this Act; and 
(c) whether a prior application, or an application bene­
fiting from a foreign priority, has been made in 
Nigeria in respect of the same invention, and whether 
a patent has been granted as a result of such an 
application. 
(3) Where the said examination shows that section 3(4) 
of this Act has been complied with as respects a claim for a 
foreign priority, the foreign priority claimed shall be 
mentioned in the patent. 
(4) Patents are granted at the risk of the patentee and 
without guarantee of their validity. 
5. (1) A patent shall be granted by the issue to the 
patentee of a document containing-
(a) the number of the patent in the order of grant; 
(b) the name and address of the patentee and, if .that 
address is outside Nigeria, an address for service in 
Nigeria; 
(c) the dates of the patent application and the grant; 
(d) if foreign priori ty is claimed-Form of 
grant, 
registration 
and publi­
cation. IPINIlINGA/IIl 
Page 8 
Rights 
conferred 
by patent. (i) an indication of the fact, and 
(if) the number and date of the application on 
which the claim is based and the name of the country 
where it was made; 
(e) the description of the invention (with any relevant 
plans and drawings) and the claims; and 
if) where appropriate, the name and address of the true 
inventor. 
(2) The Registrar shall maintain a Register of Patents 
which shall consist of duplicates of the documents issued 
under subsection (1) of this section, together with such 
further matter as is required by this Act to be registered. 
(3) As soon as may be after a patent has been granted 
under subsection (1) of this section, the Registrar shall 
cause to be published-
(a) a notification of the grant containing the details 
mentioned in paragraphs (a) to if) of that subsection 
(except the description and the plans and drawings, if 
any); or 
(b) if a summary form of notification is prescribed, a 
notification in that form. 
6. (1) A patent confers upon the patentee the right to 
preclude any other person from doing any of the follovy'ing 
acts-
(a) where the patent has been granted in respect of a 
product, the act of making, importing, selling or using 
the product, or stocking it for the purpose of sale or 
use; and 
(b) where the patent has been granted in respect of Cl 
process, the act of applying the process or doing, in 
respect of a product obtained directly by means of the 
process, any of the acts mentioned in paragraph (a) 
of this subsection. 
(2) The scope of the protection conferred by a patent 
shall be determined by the terms of the claims; and the 
description (and the plans and drawings, if any) included in 
the patent shall be used to interpret the claims. 
(3) The rights under a patent-
(a) shall extend only to acts done for industrial or com­
mercial purposes; and IP/NIl/NGAIIIl 
Page 9 
(b) shall not extend to acts done in respect of a product 
covered by the patent after the product has been 
lawfully sold in Nigeria, except in so far as the pa ten t 
makes provision for a special application of the 
product, in which case the special application shall 
continue to be reserved to the patentee notwithstand­
ing this paragraph . 
. (4) Where, at the date of the filing of Cl patent application 
In respect of a product or process or at the date of a foreign 
priority validly claimed in respect of the application, a 
person other than the applicant-
(a) was conducting an undertaking in Nigeria; and 
(b) in good faith and for the purposes of the undertaking, 
was manufacturing the product or applying the pro­
cess or had made serious preparations with a view to 
doing so, 
then, notwithstanding the grant of a patent, there shall exist 
a right (exercisable by the person for the time being 
conducting the undertaking, and not otherwise) to continue 
the manufacture or application, or to continue and complete 
the preparations and thereafter undertake the manufacture 
or application, as the case may be, and in respect of any 
resulting products to do any other act mentioned in subsec­
tion (1) of this section. 
7. (1) Subject to this Act, a patent shall.expire at the end 
of the twentieth year from the date of the filing of the 
relevant patent application. 
(2) A patent shall lapse if the prescribed annual fees are 
not duly paid in respect of it: 
Provided that-
(a) a period of grace of six months shall be allowed for 
the payment of the fees; and 
(b) if the fees and any prescribed surcharge are paid 
within that period, the patent shall continue as if the 
fees had been duly paid. 
(3) The expiration or lapse of a patent shall be registered 
and notified. 
8. (1) Subject to subsection (2) of this section, a patent 
may be surrendered by the patentee by written declaration 
addressed to the Registrar. 
(2) The surrender of a patent-Duration 
and lapse 
of patent. 
Surrender 
of patent. IPINIlINGA/II 1 
Page 10 
Nullity of 
patent. (a) may relate to all or any of the claims made by the 
patent; 
(b) subject to paragraph (d) of this subsection shall be 
registered and notified: ' 
(c) shall not be effective until it has been registered; and 
(d) if it relates to a patent as to which a contractual 
licence or licence of right is registered, shall be 
registered only if it is accompanied by the written 
consent of the licensee. 
9. (1) Subject to this section, on the application of any 
person (including a public officer acting in the exercise of his 
functions) the court shall declare a patent null and void-
(a) if the subject of the patent is not patentable under 
section 1 of this Act; or 
(b) if the description of the invention or the claim does 
not conform with section 3(2) of this Act; or 
( c) if for the same invention a patent has been granted in 
Nigeria as the result of a prior application or an 
application benefiting from an earlier foreign priority. 
(2) Subsection (1) of this section may apply to the whole 
of a patent or to any particular claim or claims made by it. 
(3) For the purpose of disposing of an application under 
subsection (1) of this section, the court on the motion of the 
applicant or of its own motion may require the patentee of 
the relevant patent to produce in evidence any of the 
following-
(a) a list of any publications or earlier patents referred to 
in connection with a patent application made in 
respect of the same invention by the patentee to the 
appropriate authority in any country outside Nigeria; 
(b) any proceedings relating to the patent application in 
question or any patent granted in pursuance of it; and 
(c) any publications or patents mentioned in any report 
sent to the patentee by a governmental or inter­
governmental research or investigation institute. 
(4) Where a declaration is made under subsection (1) of 
this section-
(a) the patent in question shall be deemed to have been 
null and void since the date of its grant, so however 
that it shall not be necessary to repay royalties paid by 
any licensee unless the court so orders, and IPINIlINGA/I/1 
Page 11 
(b) the proper officer of the court shall inform the 
Registrar" who shall register and notify the 
declara tion. 
(5) The court-
(a) shall not make a declaration under subsection (1) of 
this section without first giving the patentee an oppor­
tunity to be heard; 
(b) in applying subsection (1) of this section, shall have 
regard only to the state of affairs existing when the 
proceedings were instituted; and 
(c) shall dismiss an application under subsection (1) of 
this section if the applicant (not being a public officer) 
fails to satisfy the court that he has a material interest 
in making the application. 
10. (1) Subject to this section, if a patentee (not being 
precluded by the terms of any previously registered licence 
from granting a further licence) applies in writing to the 
Registrar for the words "licences of right" to be registered in 
respect of his patent, the Registrar shall enter the words 
accordingly in the Register and notify the entry. 
(2) Where an entry is made under subsection (1) of this 
section in respect of a patent-
(a) any person shall have the right to obtain a licence to 
exploit the patent on such terms as, failing agreement 
between that person and the patentee, shall be fixed 
by the court on the application of that person; and 
(b) the amount of the annual fees payable in respect of 
the patent shall be reduced by half, the reduction first 
taking effect in relation to the annual fees first 
payable after the date of the entry. 
(3) A patentee may at any time apply to the Registrar for 
an entry under subsection (1) of this section to be cancelled; 
and, if no licences have been granted under this section or 
all the grantees agree, the Registrar shall thereupon cancel 
the entry and notify the cancellation, but only after payment 
of all annual or other fees which would have been payable if 
the entry had never been made. 
(4) The gran tee of a licence under this section shall not 
be entitled to assign the licence or grant further licences 
under it. 
.(5) Subsections (D(b), (~)(a), (3) and (6) of section 23 of 
thIS .Act shall apply In rel.atlOn to lIcences granted under this 
sectIon as they apply to lIcences and contracts under section 
23 of this Act. Licences of 
right. IPINIIINGAIIlI 
Page 12 
Compulsory 
licences and 
official use. 
Nature of 
industrial 
design. 
Re~istrable 
designs. 11. The provisions of the First Schedule to this Act shall 
have effect in relation to compulsory licences and the use of 
patents for the service of government agencies. 
Designs 
12. Any combination of lines or colours or both, and any 
three-dimensional form, whether or not associated with 
colours, is an industrial design, if it is intended by the 
creator to be used as a model or pattern to be multiplied by 
industrial process and is not intended solely to obtain a 
technical result. 
13. (1) Subject to this section, an industrial design is 
registrable if-
(a) it is new; and 
(b) it is not contrary to public order or morality. 
(2) Where application is made for the registration of an 
industrial design, the design shall be presumed to be new at 
the time of the application except in so far as the follo\ving 
provisions of this section provide otherwise. 
(3) An industrial design is not new if, before the date of 
application for registration, it has been made available to 
the public anywhere and at any time by means of descrip­
tion, use or in any other way, unless it is shown to the 
satisfaction of the Registrar that the creator of the design 
could not have known that it had been made so available. 
(4) An industrial design shall not be deemed to have 
been made available to the public solely by reason of the 
fact that within the period of six months preceding the filing 
of the application for registration the creator has exhibited it 
in an official or officially recognised exhibition. 
(5) An industrial design is not new merely because it 
differs in minor or inessential ways from an earlier design or 
concerns a type of product other than the type with which an 
earlier design is concerned. 
14. (1) Subject to this section, the right to registration of Ri~ht to. . d . Id' h 11 b t d' h t registratIOn. an In ustna eSlgn s a eves e In t e statutory crea or, 
that is to say, the person who, whether or not he is the true 
creator, is the first to file, or validly to claim a foreign 
priority for, an application for registration of the design. 
(2) The true creator shall be entitled to be named as such 
in the Register, and the entitlement in question shall not be 
modifiable by contract. IPINI I INGAIIII 
Page 13 
(3) If the essential elements of an application for the 
registration of an industrial design have been obtained by 
the purported applicant from the creation of another person 
without the consent of that other person both to the 
obtaining of those essential elements and to the filing of the 
application, all rights in the application and in any conse­
quent registration shall be deemed to be transferred to that 
other person. 
(-+) Where an industrial design is created in the course of 
employment or in the execution of a contract for the 
performance of specified work, the ownership of the design 
shall be vested in the employer or, as the case may be, in the 
person who commissioned the work: 
Provided that, where the creator is an employee, then, if 
his contract of employment does not require him to exercise 
any creative activity but he has in creating the design used 
data or means that his employment has put at his disposal-
(a) he shall be entitled to fair remuneration taking into 
account his salary and the importance of the design 
which he has created; and 
(b) the entitlement in question is not modifiable by 
contract and may be enforced by civil proceedings. 
15. (1) An application for the registration of an indus- Applications 
trial design shall be made to the Registrar and- ~i;n~egistra-
(a) shall contain-
(i) a request for registration of the design, 
(ii) the applicant's full name and address and, if 
that address is outside Nigeria, an address for service 
in Nigeria, 
(iii) a specimen of the design or a photographic or 
graphic representation of the design with any printing 
block or other means of reproduction from which the 
representation was derived, 
(iv) an indication of the kind of product (or, where a 
classification has been prescribed, the class of pro­
duct) for which the design will be used, and 
(v) such other matter as may be prescribed, and 
(b) shall be accompanied by-
(i) the prescribed fee, 
(ii) where appropriate, a declaration signed by the 
true creator requesting that he be named as such in 
the Register and giving his name and address, and IPIN11INGA/I/1 
Page 14 
(iii) if the application is made by an agent, a signed 
power of attorney (so however that, notwithstanding 
any rule of law, legalisation or certification of the 
signature of the power of attorney shall be 
unnecessary) . 
(2) A single application may relate to any number of 
industrial designs not exceeding fifty, if the products to 
which the designs relate are of the same kind or, where a 
classification has been prescribed, of the same class. 
(3) Where an applicant for the registration of an indus­
trial design seeks to avail himself of a foreign priority in 
respect of an earlier application made in a country outside 
Nigeria-
(a) he shall append to his application under subsection 
(1) of this section a written declaration sho\ving-
(i) the date and number of the earlier application~ 
(ii) the country in which the earlier application was 
made, and 
(iii) the name of the person who made the earlier 
application; and 
(b) not more than three months after the making of the 
application under subsection (1) of this section, he 
shall furnish the Registrar with a copy of the earlier 
application certified correct by the Industrial 
Property Office (or its equivalent) in the country 
where the earlier application was made. 
16. (1) The Registrar shall examine every application for 
registration of an industrial design as to its conformity with 
sections 13(1)(b) and 15 of this Act, and-
(a) if the application faiis in any res.eect to conform with 
section 13(1)( b) or 15(1) or (2) of this Act, the 
Registrar shall reject the application; and 
(b) if the application fails in any respect to conform with 
section 15(3) of this Act, the Registrar shall disregard 
any claim for foreign priority. 
(2) Where the examination mentioned in subsection (1) 
of this section shows that an application for the registration 
of an industrial design satisfies the requirements of sections 
13(1)(b) and 15 of this Act, the design shall be registered in 
accordance with the application without further examin­
ation and, in particular, without examination of the ques­
tion whether the registration might be contrary to section 
13(1)(a) of this Act; and, where the said examination shows 
that section 15(3) of this Act has been complied with as 
respects a claim for foreign priority, the foreign priority 
claimed shall be recorded in the Register. Examination 
of applica­
tions for 
registration. Applications 
under sealed 
cover. IP/N/l/NGA/I/l 
Page 15 
17. (1) An industrial design shall be registered by the Retstration 
issue to the applicant of a registration certificate ~i~n.publica­
containing-
(a) the number of the design in order of registration; 
(b) the name and address of the registered owner and, if 
that address is outside Nigeria, an address for service 
in Nigeria; 
(c) the date of the application and of the issue of the 
registration certificate; 
(d) if foreign priority is claimed-
(i) an indication of the fact, and 
(ii) the number and date of the application on 
which the claim is based and the name of the country 
where the application was made; 
(e) a reproduction or representation of the design and an 
indication of the kind (or, where a classification has 
been prescribed, the class) of products for which it 
will be used; and 
(f) where appropriate, the name and address of the true 
creator. 
(2) The Registrar shall maintain a Register of Industrial 
Designs which shall consist of duplicates of the registration 
certificates issued under subsection (1) of this section, 
together with such further matter as is required by this Act 
to be registered. 
(2) As soon as may be after a design has been registered 
under subsection (1) of this section, the Registrar shall 
cause to be published-
(a) a notification of the registration containing the details 
mentioned in paragraphs (a) to if) of that subsection; 
or 
(b) if a summary form of notification is prescribed, a 
notification in that form. 
18. (1) An applicant for the registration of an industrial 
design may ask for the design to be kept secret for a 
specified period not exceeding twelve months from the date 
of the application; and, where he does so, then, notwith­
standing any other provision of this Act-
(a) the specimen and other matters mentioned in section 
lS(1)(a)(iii) and (iv) of this Act shall be enclosed in a 
sealed package, which shall be opened by the 
Registrar-
(i) when the specified period as elapsed, or IPIN11INGA/IIl 
Page 16 
(ii) if, before the .specified period has elapsed, the 
applicant asks for the application to be converted into 
an open application, or 
(iii) if the package is still sealed, at the expiration of 
twelve months after the date of the application, 
(b) a provisional registration certificate shall be issued 
and a provisional notification published under section 
17 of this Act, each of which shall exclude the 
reproduction and other matters mentioned in section 
17(1)(e) of this Act; 
(c) the said provisional registration certificate and provi­
sional notification shall not confer any right to protec­
tion under section 25 of this Act; and 
(d) when the sealed package has been opened pursuant 
to paragraph (a) of this subsection, the Registrar shall 
proceed in accordance with sections 16 and 17 of this 
Act in so far as he has not already done so and, if 
authorised by those sections, shall issue a revised 
registration certificate and publish a revised notifi­
cation which shall have the same effect as any other 
certificate issued or notification published under sec­
tion 17 of this Act. 
(2) Notwithstanding subsection (1) of this section, a 
sealed package maybe opened by the Registrar at any time 
on the direction of a court and shall be resealed when the 
court no longer requires it: 
Provided that, if the time at which the package may be 
opened under subsection (l)(a) of this section arrives before 
the court has ceased to require it, the package shall be 
deemed to have been duly opened at that time and shall not 
be resealed. 
19. (1) Registration of an industrial design confers upon 
the registered owner the right to preclude any other person 
from doing any of the following acts-
(a) reproducing the design in the manufacture of a 
product; 
(b) importing, selling or utilising for commercial pur­
poses a product reproducing the design; and 
(c) holding such a product for the purpose of selling it or 
of utilising it for commercial purposes. 
(2) The reproduction of a registered industrial design is 
not lawful for the purposes of subsection (1) of this section 
merely because it differs in minor or inessential ways from 
the design or because it concerns a type ot product other 
than the type with which the design is concerned. Rights 
conferred by 
registration. Duration 
an'd renewal 
of registra­
tion. 
Renunciation 
of registra­
tion. (2) The rights conferred by this section-IPINIIINGAIIII 
Page 17 
(a) shall extend only to acts done for commercial or 
industrial purposes;· and 
(b) shall not extend to acts done in respect of a product 
incorporating a registered industrial design after the 
product has been lawfully sold in Nigeria. 
20. (1) Subject to this Act, registration of an industrial 
design-
(a) shall be effective in the first instance for five years 
from the date of the application for registration; and 
(b) on payment of the prescribed fee may be renewed for 
two further consecutive periods of five years. 
(2) The fee mentioned in subsection (1)(b) of this section 
shall be paid within the twelve months immediately preced­
ing the renewal period to which it relates: 
Provided that-
(a) a period of grace of six months after the beginning of 
the renewal period shall be allowed for the payment 
of the fee; and 
(b) if the fee and any prescribed surcharge are paid 
within that period, this subsection shall be deemed to 
have been complied \vith. 
(3) The fact that the registration of an industrial design 
has ceased to be effective or has been renewed shall be 
registered and notified. 
21. (1) Subj ect to subsection (2) of this section, the regis­
tered owner of an industrial design may renounce the regis­
tration by a written declaration addressed to the Registrar. 
(2) A renunciation under subsection (1) of this section­
(a) may be limited-
(i) to any particular kind or kinds of product 1 or 
(ii) if a classification of products has been pre­
scribed, to any particular class or classes of product, or 
(iii) if the application for registration comprised 
several designs, to anyone or more of those designs; 
(b) subject to paragraph (d) of this subsection, shall be 
registered and notified; 
(c) shall not be effective until it has been registered; and 
(d) if it relates to.a design as to which a contractual 
licence is registered, shall be registered only if-IPINIIINGAIIlI 
Page 18 
(i) it is accompanied by the licensee's written con­
sent to registration, or 
(ii) the licensee has in the licence contract agreed 
that this paragraph shall not apply. 
22. (1) Subject to this section, on the application of any 
person (including a public officer acting in the exercise of his 
functions) the court shall declare the registration of an 
industrial design to be null and void-
(a) if the design, because of its failure to conform with 
section 13(1)(b) of this Act, ought not to have been 
registered; or 
(b) if the design fails to comply with section 13(1)(a) or 
14 of this Act. 
(2) Where-
(a) a declaration under subsection (1) of this section 
relates to an application comprising several designs; 
and 
(b) the grounds for making the declaration affect only 
s,')me of those designs, 
the declaration shall apply only to the designs so affected. 
(3) \Vhere a declaration is made under subsection (1) of 
this section-
(a) the registration in question shall be deemed, to the 
extent specified in the declaration, to have been null 
and void ab initio, so however that it shall not be 
necessary to repay royalties paid by any licensee 
unless the court so orders; and 
(b) the proper officer of the court shall inform the 
Registrar, who shall register and notify the 
declaration. 
(4) The court-
(a) shall not make a declaration under subsection (1) of 
this section without first giving the design owner an 
opportunity to be heard; 
(b) in applying subsection (1)( a) of this section, shall 
have regard only to the state of affairs existing when 
the proceedings were instituted; and 
(c) shall dismiss an application under subsection (1) of 
this section if the applicant (not being a public officer) 
fails to satisfy the court that he has a material interest 
in making the application. Nullity of 
registration. Contractual 
licences. Genera! 
23. (1) Subject to this section-IPIN11INGAlII1 
Page 19 
(a) a patentee or design owner may by a written contract 
signed by the parties grant a licence to any person to 
exploit the relevant invention or design; and 
(b) in the absence of any provision to the contrary in the 
contract. the licensee shall be entitled to do anywhere 
in Nigeria in relation to the patent or design any of 
the acts mentioned in section 6 or 9 of this Act, as the 
case ma \' be. 
~ 
(2) \Vhere a licence is granted under subsection (1) of 
this section-
(a) the licence shall be registered, and shall be of no 
effect against third parties until registration is effec­
ted and the prescribed fee paid; and 
(b) the registration shall be cancelled at the request of the 
licensor if the Registrar is satisfied that the licence has 
been terminated. 
(3) Any clause in a contract for a licence under subsec­
tion (1) of this section is null and void in so far as it imposes 
on the licensee in the industrial or commercial field restric­
tions which do not derive from the rights conferred by the 
relevant patentor design or are unnecessary for the safe­
guarding of those rights: 
Provided that-
Ca) limitations concerning the scope, extent, territory or 
duration of the exploitation of the patent or design or 
the quality or quantity of the products in connection 
with which the patent or design may be exploited; 
(b) obligations imposed on the licensee to abstain from 
all acts capable of prejudicing the validity of the 
patent or the validity of the registration of the design; 
and . 
(c) in the case of a patent, limitations justified by the 
interest of the licensor in the technically efficient 
exploitation of the subject of the patent, are not 
restrictions of the kind mentioned in this subsection. 
(4) In the absence of any provision to the contrary in a 
contract for a licence under subsection (1) of this section-
(a) the grant of the licence shall not prevent the licensor 
from-
(i) granting further licences to other persons, or 
(ii) himself exploiting the relevant patent or design; IPlNlIINGAlIIl 
Page 20 
Infringement 
of rights. (b) the licence shall not be assignable by the licensee; and 
(c) the licensee shall not be entitled to grant further 
licences. 
(5) Where a contract under subsection (1) of this section 
provides for a licensee to grant further licences, this section 
shall apply in relation to any such further licence as it 
applies in relation to licences granted under the said subsec­
tion (1). 
(6) The Minister, if he is satisfied that it is in the interest 
of Nigeria and its economic development to do so, may by 
order in the Federal Gazette provide that contracts under 
subsection (l) of this section (or any specified class thereof) 
shall, in so far as they involve the payment of royalties 
outside Nigeria, be invalid without the approval of such 
authority as may be specified in the order. 
24. (1) Subject to this section, a person's rights in a 
patent application, in an application for the registration of a 
design, in a patent or in a registered design may be assigned, 
transferred by succession or held in joint ownership. 
(2) An assignment under subsection (1) of this section 
shall be in writing and signed by the parties. 
(3) An assignment or transfer by succession under sub­
section (1) of this section shall have no effect against third 
parties unless it has been registered and the prescribed fee 
paid. 
(4) In the absence of any provision to the contrary among 
themselves, joint owners of a patent or registered design 
may separately transfer their shares, exploit the patented 
invention, utilise the registered design or exercise the rights 
conferred by section 6 or 9 of this Act, as the case may be; 
but a licence under this Act may not be granted by joint 
owners otherwise than jointly. 
(5) Any reference (however expressed) in this Act to an 
applicant for a patent, an applicant for the registration of a 
design, a patentee or a design owner includes, unless the 
context otherwise requires, a reference to any predecessors 
or successors in title and, where appropriate, to joint 
applicants, joint patentees or joint owners, as the case may 
be. 
25. (1) The rights of a patentee or design o\vner are 
infringed if another person, without the licence of the 
patentee or design owner, does or causes the doing of any 
act which that other person is precluded from doing under 
section 6 or 9 of this Act, as the case may be. Assignments, 
transfers and 
joint owner­
ship. IPINIlINGA/IIl 
Page 21 
(2) An infringement of the rights of a patentee or design 
owner shall be actionable at the suit of the patentee or 
design owner in question; and in· any action for such an 
infringement all such relief by way of damages, injunction, 
accounts or otherwise shall be available to the plaintiff as is 
available in any corresponding proceedings in respect of the 
infringement of other proprietary rights. 
(3) If-
(a) a patent has been granted in respect of a process for 
the manufacture of a new product; and 
(b) the same product is manufactured by a person other 
than the patentee, 
the product shall in the absence of proof to the contrary be 
presumed to have been manufactured by that process. 
(4) The grantee of a licence under this Act from a 
patentee or design owner n1ay by registered letter require 
the licensor to institute proceedings under subsection (1) of 
this section in respect of any infringement indicated by the 
grantee in the letter; and, if the licensor unreasonably 
refuses or neglects to institute the proceedings, the licensee 
may institute them in his own name, \vithout prejudice to 
the right of the licensor to intervene in the proceedings. 
26. (1) JurisdIctIOn to hear and dispose of legal proceed­
ings under this Act is hereby vested in the Federal High 
Court and, subject to this Act, and provisions of the Trade 
Marks Act applicable to legal proceedings under that Act 
shall apply with the necessary modifications to legal pro­
ceedings under this Act. 
(2) The court hearing proceedings under this Act may sit 
with and be advised by two assessors having expert 
knowledge of matters of a technological or economic nature. 
(3) The Chief Judge of the Federal High Court may make 
rules of court for the regulation of legal proceedings under 
this Act if he thinks it necessary to do so. Legal 
proceedings. 
Cap. 436. 
27. (1) The Minister may, with a view to the fulfilment of F~rei.gn 
a treaty, convention or other international arrangement or pnonty. 
agreement to which Nigeria is a party, declare by order in 
the Federal Gazette that any country specified in the order is 
a convention country for the purposes of this section. IPINIIINGA/I/1 
Page 22 
Registration: 
miscel­
laneous 
provisions. (2) So long as there is in force an order under subsection 
(1) of this section declaring a country to be a convention 
country, a patent application or a design application in 
Nigeria, if an earlier corresponding application for the 
protection of an invention or the registration of a design has 
been made in that convention country, shall be treated as 
having been made on the date when that earlier application 
\vas made: 
Provided that this subsection shall not applv where the 
earlier application was made- . 
(a) in the case of an invention, more than twelve months; 
or 
(b) in the case of a design, more than six months, 
before the application in Nigeria. 
(3) Where a person has applied for the protection of an 
invention or the registration of a design by an application 
which-
(a) in accordance with a treaty, convention or other 
international arrangement or agreelnent subsisting 
between any two or more convention countries is 
equivalent to an application duly made in anyone of 
those convention countries; or 
(b) in accordance with the law of any convention country 
is equivalent to an application duly made in that 
convention country, 
he shall be deemed for the purposes of this Act to have 
applied in each of those convention countries or in that 
convention country, as the case may be. 
(4) \Vhere a patent application or a design application is 
to be treated by virtue of subsection (2) of this section as 
having been made on the date of an earlier application in Cl 
convention country, that earlier date is referred to in this 
Act as a foreign priority, and in this Act the expression 
"foreign priority" shall be construed accordingly. 
28. (1) There shall be a Registrar of Patents and Des­
igns, who shall be appointed by the Federal Civil Service 
Commission. 
(2) The Registrar may correct any clerical error in an 
entry in the Register, but before doing so shall give the 
person to whom the entry relates an opportunity to make 
represen ta tions. 
(3) Any person-IP IN 11 IN G AlII 1 
Page 23 
(a) may consult the Register free of charge during the 
prescribed hours; and 
(b) on payment of the prescribed fee, may obtain a copy 
of any entry in the Register. 
(4) A copy of an entry in the Register sealed with the 
Registrar's seal shall be admissible as evidence of what is 
stated therein; and any document purporting to be such a 
copy shall be presumed, until the contrary is proved, to be 
what it purports to be. 
(5) Any person aggrieved by a decision of the Registrar 
in the exercise of his functions under this Act may appeal to 
the court. 
(6) If the Minister so directs, the Registrar shall from 
time to time publish a journal to be known as the Patents 
and Designs Journal in which shall be published all such 
matters as are required by this Act to be published or 
notified and such other matters relating to patents and 
designs as the Registrar thinks fit: 
Provided that, if there is no such direction in force, any 
matter required by this Act to be published or notified shall 
be published by the Registrar in the Federal Gazette. 
(7) Subject to this Act and any rules made under section 
30(b) of this Act, the Registrar shall maintain and make 
entries in the Register in whatever manner appears to him 
to be most suitable and convenient. 
29. Subject to Part II of the First Schedule to this Act, a Effect 
Patent or registered desibon shall have the same effect aboainst Sagainst the tate. 
the State as against an individual. 
30. (1) The Minister may make rules- Rules. 
(a) prescribing anything requiring to be prescribed for 
the purposes of this Act, (including summary forms of 
notification of the grant of a patent and the regis­
tration of a design, and classifications of products to 
which designs relate); 
(b) regulating the manner in which the Registrar shall 
maintain and make entries in the Register; and 
(c) containing such administrative or procedural provi­
sions as appear to him to be necessary or expedient in 
order to facilitate the operation of this Act. IPIN/1INGAIII1 
Page 24 
Repeals, and 
transitional 
and saving 
provisions. 
Caps. 182 
and 204 of 
1958 Laws of 
Nigeria. 
1968 No. 8. 
12, 13 and 
14 
Geo.6.c.87. 
Inter­
pretation. (2) The Minister for Industries with the approval of the 
National Council of Ministers nlay make rules establishing 
schemes to encourage inventive activity; and, without pre­
judice to the generality of the foregoing, any such scheme 
may include provision for the payment of grants to persons 
who have discovered or perfected, or appear to have 
reasonable prospects of discovering or perfecting, important 
inventions which cannot be further developed for financial 
reasons. 
31. (1) The Registration of United Kingdom Patents 
Act, the United Kingdom Designs (Protection) Act, the 
Patent Rights (Limitation) Act 1968 and (in so far as they 
are in force in Nigeria) the Patents Act 1949 of the United 
Kingdom and amendments thereof are hereby repealed. 
(2) The transitional and saving provisions in the Second 
Schedule shall have effect notwithstanding subsection (1) of 
this section or any other provision of this Act. 
32= (1) In this Act, unless the context otherwise 
reqmres-
"court" means the Federal High Court; 
"design" means an industrial design; 
"design application" means an application for the regIs­
tration of an industrial design; 
"design owner" means the registered owner of an industrial 
design; 
"foreign priority" has the meaning assigned by section 27 of 
this Act; 
"import" means import into Nigeria; 
"the Minister", except in Part II of the First Schedule to this 
Act, means Minister for Trade and Tourism; 
"patent application" means an application for the grant of a 
patent; 
"patentee" means a person to whom a patent has been 
granted; 
"Register" means the Register of Patents, the Register of 
Industrial Designs, or both, as the case may require: 
"Registrar" means the Registrar of Patents and Designs. 
(2) In this Act, unless the context otherwise requires, a 
reference to a number~d section or schedule is a reference 
to the section or schedule so numbered in this Act. 
33. This Act may be cited as the Patents and Designs Short title 
Act. FIRST SCHEDULE IPINI 1 INGAIII 1 
Page 25 
Section 11 
Cm,IPULSORY LICENCES AND USE OF PATENTS FOR SER\'ICE OF GOVERNMENT 
AGENCIES 
PART I 
CO~IPULSORY LICENCES 
1. Subject to this Part, at any time after the expiration of a period of 
four years after the filing of a patent application or three years after the 
grant of a patent, whichever period last expires, a person may apply to 
the court for the grant of a compulsory licence on one or more of the 
following grounds-
(a) that the patented invention, being capable of being worked in 
Nigeria, has not been so worked; 
(b) that the existing degree of working of the patented invention in 
Nigeria does not meet on reasonable terms the demand for the 
product; 
(c) that the working of the patented invention in Nigeria is being 
hindered or prevented by the importation of the patented article; 
and 
(d) that, by reason of the refusal of the patentee to grant licences on 
reasonable terms, the establishment or development of industrial 
or commercial activities in Nigeria is unfairly and substantially 
prejudiced. 
2. If an invention protected by a patent in Nigeria cannot be worked 
without infringing rights derived from a patent granted on an earlier 
application or benefiting from an earlier foreign priority, a compulsory 
licence may be granted to the patentee of the later patent to the extent 
necessary for the working of his invention if the in\'ention-
(a) serves industrial purposes different from those served by the 
invention which is the subject of the earlier patent; or 
(b) constitutes substantial technical progress in relation to that last­
mentioned invention. 
3. If the t\'/o inventions mentioned in paragraph 2 of this Schedule 
serve the same industrial purposes, a compulsory licence may be 
granted under that paragraph only on condition that a compulsory 
licence shall also be granted in respect of the later patent to the patentee 
of the earlier patent, if he so requests. 
4. A compulsory licence shall not be granted in respect of a patent if 
the patentee satisfies the court that his actions in relation to the patented 
invention are justifiable in the circumstances, but he shall not be held to 
have so satisfied the court if he merely shows that the patented article is 
freely available for importation. 
5. A compulsory licence shall not be granted unless the applicant­
(a) satisfies the court that he has asked the patentee for a contractual 
licence but has been unable to obtain such a licence on reasonable 
terms and \vithin a reasonable time; and IPINIIINGAIIII 
Page 26 
(b) offers guarantees satisfactory to the court to work the relevant 
invention sufficiently to remedy the deficiencies (or to satisfy the 
requirements) which gave rise to his application. 
6. A compulsory licence-
(a) entitles the licensee to do any act mentioned in section 6 of this 
Act except importation; 
(b) does not entitle the licensee to grant further licences; 
(c) shall be non-exclusive, and 
(d) may contain additional obligations and restrictions as regards 
both the licensee and the patentee. 
7. A compulsory licence may be transferred only with the industrial 
undertaking in which tbe relevant invention is used, and no such 
transfer shall be valid until tbe consent of the court has been obtained. 
8. On hearing an application for a compulsory licence, the court shall 
first decide \vhether a compulsory licence may be granted and shall then, 
if it decides in favour of tbe grant and the parties cannot agree on the 
terms, proceed to fix the terms (including adequate royalties having 
regard to the extent to which the relevant invention is to be worked) 
which shall be deemed to constitute a valid contract between the parties. 
9. On the application of the patentee. the court may cancel a 
compulsory licence if-
(a) the licensee fails to comply \vith the terms of the licence; or 
(b) the conditions whicb justified the grant of tbe licence have ceased 
to exist, 
so however that in tbe latter case a reasonable time shall be given to the 
licensee to cease working the relevant invention if an immediate 
cessation would cause him to suffer substantial damage. 
10. On the application of the patentee or licensee, the court may vary 
the terms of a compulsory licence if new facts. justify the vari~tion! and 
in particular (without prejudice to the generality of the foregomg) If the 
patentee has granted contractual licences on more favourable terms. 
11. Where the court grants, cancels or varies the terms of a compul­
sory licence-
(a) the proper officer of the court ~hall info~m. the ~egistrar, who 
shall register the grant, cancellatIOn or vanatlOn Without fee; and 
(b) the grant, cancellation or variation shall have no effect as against 
third parties until it has been registered. 
12. A representative of the Minister shall have the right to ~ppear 
and be heard at the hearing of an application for a compulsory lIcence. IPINIlINGAIIII 
Page 27 
13. The Minister by order in the Federal Gazette may provide that, 
for certain patented products and processes (or for certain categories 
thereof) declared by the order to be of vital importance for the defence 
or the economy of Nigeria or for public health, compulsory licences may 
be granted before the expiration of the period mentioned in paragraph 1 
above and may permit importation. 
l-L For the purposes of this Part, references to the working of a 
patented invention are to be construed as references to--
(a) the manufacture of a patented article; or 
(b) the application of a patented process; or 
(c) the use in manufacture of a patented machine, 
by an effective and serious establishment existing in Nigeria on a scale 
which is adequate and reasonable in the circumstances. 
PART II 
USE OF PATENTS FOR SERVICE OF GOVERNME:":T AGENCIES 
15. Notwithstanding anything in this Act, where a Minister is satisfied 
that it is in the public interest to do so, he may authorise any person to 
purchase, make, exercise or vend any patented article or invention for 
the service of a government agency in the Federal 'Republic. 
16. The authority of a Minister under paragraph 15 of this Schedule 
may be given-
(a) before or after the relevant patent has been granted; 
(b) before or after the doing of the acts in respect of which the 
authority is given; and 
(c) to any person whether or not he is authorised directly or indirectly 
by the patentee to make, use, exercise or vend the relevant article 
or invention. 
17. Paragraphs 15 and 16 of this Schedule shall have effect so as to 
exempt-
(a) the Government; 
(b) any person authorised under those paragraphs; 
(c) any supplier of the Government or of any such person; and 
(d) any agent of any such supplier, 
from liability for the infringement of any patent relating to the relevant 
article or invention and from liability to make any payment to the 
patentee by way of royalty or otherwise. 
18. \Vhere any act is done in respect of an article on the authority of a 
Minister under paragraph 15 of this Schedule, then, unless it appears to 
the Minister that it would be contrary to the public interest to do so, the 
Ministry concerned with the act shall furnish the patentee with such 
information as to the extent of the act as the patentee may from time to 
time require. I PIN 11 IN G AlII 1 
Page 28 
19. The provisions of any licence, assignment or agreement made 
before or after the commencement of this Act between a patentee and 
any person other than the Government or a Ministry shall be of no 
effect in so far as those provisions restrict or regulate the use of a 
patented article or invention or provide for the making of payments in 
respect of any such use, or are calculated by reference thereto. 
20. During any period of emergency the powers exercisable in 
relation to a patented article or invention on the authority of a ~vlinister 
under paragraph 15 of this Schedule shall include power to purchase, 
make, use, exercise and vend the article or invention for any purpose 
which appears to the Minister necessary or expedient-
(a) for the efficient prosecution of any war in which the Federal 
Republic may be engaged; or 
(b) for the maintenance of supplies and services essential to the life of 
the community; or 
(c) for securing a sufficiency of supplies and services essential to the 
well-being of the community; or 
(d) for promoting the productivity of industry, commerce and agri­
culture; or 
(e) for fostering and directing exports and reducing imports (or any 
class or classes of imports) from all or any countries and for 
redressing the balance of trade; or 
(f) generally for ensuring that the whole resources of the community 
are available for use, and are used, in a manner best calculated to 
serve the interests of the community. 
21. Where a patented article is purchased, made, used, exercised or 
vended by or on behalf of a government agency, the benefit of this Part 
shall extend to the agency and to persons acting in any capacity on its 
behalf. 
22. This Part shall apply to a patented article forfeited under any law 
relating to customs and excise; and, on any such forfeiture, the 
Government may use or sell the article as if it had been imported for the 
use of a government agency in Nigeria. 
23. In this Part, unless the context otherwise requires­
"articles" incl udes-
(a) any drugs or pharmaceutical preparations, substances or 
materials; and 
(b) any plant, machinery or apparatus, whether fixed to the land 
or not after importation, 
patented under the law of a country other than Nigeria; 
"export" means export from Nigeria; 
"Federal Republic" means the Federal Republic of Nigeria, and 
includes any State of the Federation; 
"Government" means the Federal Government, and includes the 
Governor of any State of the Federation; 
"government agency" means any Federal or State Ministry or Depart­
ment of Government, and includes-IPINIlINGA/IIl 
Page 29 
(a) a .v0l~ntary age.ncy hospital, that is to say, any hospital in 
NI&en~ (not being a hospital operated by the Government) 
which IS wholly or partly maintained by the Federation or a 
State by way of grant in aid or otherwise; 
(b) a local authority, that is to say, any administration council or 
other authority exercising limited governmental powers in a 
defined area within a State; 
(c) a. statutory c<?rporation, that is. to. say, a body corporate 
dlrec~ly establIshed by law to which In the performance of its 
func.tlOns. the 90vernment or a Minister is empowered by law 
to give directIOns; and 
(d) any company which is owned or controlled by the 
Government; 
"Ministry" means a Federal or State Ministry or Department of 
Government; 
"Mini.ster" means a Minister of the Federation and a State Commis­
sioner; 
"period of emergency" means any period of emergency however 
declared or notified by or on behalf of the Government or any 
successor Governmen t; 
"person" includes the Government or a Ministry; 
"war" includes civil war. 
SECOND SCHEDULE 
TRANSITIONAL AND SA VING PROVISIONS Section 31 
1. The person who, immediately before the commencement of this 
Act, was Registrar of Patents under the former patents law shall on the 
commencement of this Act become Registrar of Patents and Designs for 
the purposes of this Act. ~ ~ 
2. \Vhere a patent has been registered in Nigeria under the former 
patent law and the privileges and rights conferred by the registration 
were effective immediately before the commencement of this Act, 
then-
(a) subject to the follO\ving sub-paragraphs, the patent shall be 
treated in Nigeria as if it had been granted under this Act; 
(b) the patent shall expire as regards Nigeria when those privileges 
and rights would have expired if this Act had not been made; 
(c) the certificate of registration shall be admissible as prima facie 
evidence of the date and fact of registration; and 
(d) an action for infringement shall lie under this Act only if the 
alleged infringement occurred on or after the commencement of 
this Act, and in any other case may be instituted and disposed of 
as if this Act had not been made. TP/NII/NGAIIII 
Page 30 
3. So far as is necessary for the purposes of paragraph 2 of this 
Schedule, the register of patents under the former patent law shall be 
maintained as nearly as may be, and shall be regarded and dealt \vith. as 
if it were part of the Register under this Act. 
Ca~. 204 of 4. \Vhere immediately before the commencement of this Act any 
19 8 Edition. person enjoyed any privileges or rights in respect of a design by virtue of 
the United Kingdom Designs (Protection) Act-
(a) that person shall continue to enjoy those privileges and rights for 
twelve months after the commencement of this Act or, if he 
applies within those twelve months for registration of the design 
under this Act, until the application is disposed of; 
(b) at the end of the said twelve months or on the disposal of the said 
application, as the case may be. those privileges and rights shall 
cease to exist; and 
(c) so long as that person continues to enjoy those privileges and 
rights, no other person shall have any right to registration of the 
design under this Act. 
5. Any authorisation given under the Patent Rights (Limitation) Act 
1968 shall, if it was still effective immediately before the commencement 
of this Act, be deemed to have been given under Part II of Schedule 1 
and shall continue in force accordingly. 
6. The Patents (Fees) Regulations 1961 shall, as far as may be­
(a) apply in relation to patents under this Act as they applied In 
relation to patents under the former patent la\',; and 
(b) apply in relation to designs under this Act as they apply in relation 
to patents under this Act, 
and may be amended or revoked by rules made under section 30 of this 
Act. 
7. Within twelve months after the commencement of this Act the 
Minister may by order in the Federal Gazecte make any further 
transitional saving provisions (not inconsistent with this Schedule) 
which appear to him to be necessary or desirable. 
8. In this Schedule. "the former patents law" means the Registration 
of United Kingdom Patents Act. 1968 No. 8. 
L.N. 136 
of 1961.