Section 5 Patents and Designs Act 1971

Section 5 of the Patents and Designs Act 1971 is about Form of grant, registration and publication. It is under ‘Patents’ of the Act. It provides as follows:

(1) A patent shall be granted by 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 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 it was made;

(e) the description of the invention (with any relevant plans and drawings) and the
claims; and
(f) 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
(f) 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.

[/membership]