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PATENTS

Patents - is the intellectual property aspect that deals with inventions and innovations of a person e.g someone that invents a machine that can erase human memory completely or chemical that can be used to soften beans in 3 minutes can be said to have created something new. If you have invented something unique that you feel no one has created before , you qualify to enjoy patent rights which is an aspect of Intellectual property.

If you believe you have created a unique code or software that has never been in existence , then you can apply for such invention can be patented .

Patents gives you the right to be able to utilize this invention without any hassle or obstacle and allows you to be make a lot of profit from the invention by licensing to companies and individuals that are in need of same .


In Nigeria , patents application and registration are governed by Patents and Design Act Cap P2 Laws of the Federation of Nigeria 2004

The requirements that qualifies your work for patent are

(1) Subject to this section, an invention is patentable--

(a) if it is new, results from inventive activity and is capable of industrial applica- tion; 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 combina- tion 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.


We will now examine each of the requirements stated above

Cc lalasticlala

Cc lalasticlala, mukina2

Following. Please keep up the good work @Synord.
This is a millions worth information. Thank you OP

Babtunz:
Following. Please keep up the good work @Synord.
This is a millions worth information. Thank you OP

Thank you sir .

PATENTS

A lot of programmers may ask , how can My Work qualify for Patents . In Nigeria , The Patent and Design Act Cap P2 Laws of the Federation of Nigeria provides some requirements that must be fulfilled in order for a work to qualify for Patent . We have listed those requirements on this thread .

For emphasis sake , we will briefly outline some of these requirements again

1) New - The Work of a Creative that must be registered for Patent must be distinctively new . The work must have never been recognized , made or used publicly before . It must be something that no one doing what you are doing ( in the same creative field with you ) has thought of before or created at any point in time . Newness is a stringent requirement for patent .

2) Capable of Industrial Application - the creation must be capable of being made or replicated in some kind of industry I.e such creation can be mass produced . Essentially , the creation must be capable of taking a practical form of a product , device or design . It must be something that can be replicated using industrial process and available for use by multiple persons .

Is your invention capable of be reproduced for an industry. Can it be multiplied and recreated for industrial use ?

3) Public Policy - it must not be contrary to public policy and morality . An invention that kills people in their sleep might not get patented . Your invention or work must be within the ambits of the law .

4) Fully Detailed - All information about the invention must be disclosed before filing an application for Patent . Nothing must be hidden and all possible additions that must have been reasonably identified must be done before an application for Patent is filed .

What can not be Patented as A Creative ?

As earlier stated , a Patent gives the inventor the exclusive right to the commercial exploitation of an invention . It gives the inventor the exclusive right to exclude others from producing , using or selling the patented invention without the permission of relevant laws or the consent of the inventor for the duration of 20 years that the patent subsists .

It should however be noted that not all creations can be patented .

Some of the innovation or creations that can not be patented are

1) literary works
2) artistic works
3) an idea or theory
4) plant or animal varieties Cabot be patented in Nigeria ( e.g a new breed of maize cannot be patented in Nigeria regardless of the fact that you discovered such breed ).

Scientific theories like phythagoras etc can not enjoy Patents .

Time machine cannot enjoy Patent.

Magic potions cannot enjoy Patent

Surgical procedures that are allegedly new can not enjoy Patent etc

Hmmm.... Interesting

I've been following...

I'd like to understand, why can't an artistic work be patented?

Synord:
PATENTS

A lot of programmers may ask , how can My Work qualify for Patents . In Nigeria , The Patent and Design Act Cap P2 Laws of the Federation of Nigeria provides some requirements that must be fulfilled in order for a work to qualify for Patent . We have listed those requirements on this thread .

For emphasis sake , we will briefly outline some of these requirements again

1) New - The Work of a Creative that must be registered for Patent must be distinctively new . The work must have never been recognized , made or used publicly before . It must be something that no one doing what you are doing ( in the same creative field with you ) has thought of before or created at any point in time . Newness is a stringent requirement for patent .

2) Capable of Industrial Application - the creation must be capable of being made or replicated in some kind of industry I.e such creation can be mass produced . Essentially , the creation must be capable of taking a practical form of a product , device or design . It must be something that can be replicated using industrial process and available for use by multiple persons .

Is your invention capable of be reproduced for an industry. Can it be multiplied and recreated for industrial use ?

3) Public Policy - it must not be contrary to public policy and morality . An invention that kills people in their sleep might not get patented . Your invention or work must be within the ambits of the law .

4) Fully Detailed - All information about the invention must be disclosed before filing an application for Patent . Nothing must be hidden and all possible additions that must have been reasonably identified must be done before an application for Patent is filed .

What can not be Patented as A Creative ?

As earlier stated , a Patent gives the inventor the exclusive right to the commercial exploitation of an invention . It gives the inventor the exclusive right to exclude others from producing , using or selling the patented invention without the permission of relevant laws or the consent of the inventor for the duration of 20 years that the patent subsists .

It should however be noted that not all creations can be patented .

Some of the innovation or creations that can not be patented are

1) literary works
2) artistic works
3) an idea or theory
4) plant or animal varieties Cabot be patented in Nigeria ( e.g a new breed of maize cannot be patented in Nigeria regardless of the fact that you discovered such breed ).

Scientific theories like phythagoras etc can not enjoy Patents .

Time machine cannot enjoy Patent.

Magic potions cannot enjoy Patent

Surgical procedures that are allegedly new can not enjoy Patent etc

Willmichael:
Hmmm.... Interesting

I've been following...

I'd like to understand, why can't an artistic work be patented?

Artistic works are subject to Copyright and not Patents.

Patented:


Artistic works are subject to Copyright and not Patents.

I would love if you don’t derail my thread sir please . With all due respect . Thank You .

Thank you for your patience and rapt attention.

The next thing we are going to be discussing is the process of formation of your own startup company in Nigeria and other salient things as regards regulations and compliance that you as a programmer or startup company need to know.

We will touch on

Pre incorporation
Incorporation
post incorporation
essential contract terms
essential filings and payment
taxes

and many more

Synord:


I would love if you don’t derail my thread sir please . With all due respect . Thank You .

U for answer my question na, abi not allowed to ask no questions?

Willmichael:


U for answer my question na, abi not allowed to ask no questions?

Saw it late sir . The answer given is correct.

For A Company (Startup) , there are four major stages starting from formation leading to the final exit of a company .

1. PHASE 1. COMPANY FORMATION: the startup (i.e., company) is formed , incorporated and physical location is sorted out .

2. PHASE 2. COMPANY GROWTH AND OPERATIONS: the company does business and grows and expands .

3. PHASE 3. COMPANY FINANCING: the company raises money for itself.

4 PHASE 4. COMPANY END GAME: the company has a liquidity event or IPO.

We will examine these four stages on this thread

Seun this should hit front page it'll help many tech expert plz. or lalasticlacla dont moderate here also?

A lot of prospective startup founders believe incorporation is the first step to a company formation . This is an erroneous belief and could be fatal to the success and continued existence of a startup .

For the Company Formation Stage , here is a summary of the key factors and steps to take note of in descending order

1) Regulatory and Compliance
2) Regularization of Employment Contract
3) Pre Incorporation IP issues
4) Ownership Structure
5) Vesting Provisions
6) MOU
7) Incorporation

We will examine each of these steps under this thread .

1) Regulatory and Compliance.

The first thing a startup or company needs to sort is the laws guiding the sector they are going into . That’s like the first major thing the company needs to sort out before anything else .

After doing your research on how profitable it will be , the target market , revenue projections etc , the next thing when it pertains to legal is to find out what the law says about your type of startup or company .


Some salient questions to be considered are

1) Laws that guide the field your company falls under

2) Laws concerning the employment quota you must have

3) Laws concerning your affiliation and membership with a governing body in your field

4) Laws concerning taxes to be paid for a startup like yours .

5) Laws concerning your capital and revenue projections

6) Risk evaluation for your startup considering the available laws in Nigeria

Etc .

These are some of the things that will guide you whether you should proceed with the company formation or not . These would also help you plan your risks and solutions to resolve any problem that lacunas in these laws might lose to your startup or law firm

Regularization of Employment contracts



After finding out the laws and regulations you need to comply with as a startup , the next thing to do is to build a Team .

A team of two to six is advised as it is not necessary you have a full team in place to kick start . Having people who can handle certain fields and aspects of your startup in relation to their wealth of experience and knowledge in such fields is very important to a new start up .

A solid team makes a startup scale faster . However in building the team and getting people to come on board , the startup needs to ensure that those coming on board are free from any encumbrances from their current employer that Can prevent them from working on the startup.

The startup needs to be fully convinced that the interest of anybody will not conflict with any previous or current employer.

As such , New startups are advised to Do a thorough background check on anyone coming in to the team and be certain that there are no restrictions or issues before and while these persons were employed elsewhere.

It is also at this stage that Memorandum of Understanding and other pre incorporation contracts are drafted and executed .

Pre Incorporation IP issues


All Pre incorporation IP issues must be sorted out at this stage . All intellectual property of the company should be well noted down at this stage .

Intellectual property issues with any team member that has not been resolved most also be resolved at this stage . It is at this stage it is determined whether the Ip any team member is creating for the startup will not negate any other Previous commitments .

The startup must also identify all Ip rights that will be related to their product and brand at this stage

Ask any question you want on startup and intellectual property law in Nigeria on this thread .

Feel free to ask any questions

Feel free to ask any questions and seek clarifications on this thread . I will be posting more often on the thread henceforth

Thank you all for your patience

Cc lalasticlala, Dominique

Happy New Year to you all . Wishing you a wonderful and prosperous New Year

Time to discuss funding for startups . Stay tuned

Stay enlightened

Following.

Under the pre incorporation stage of a start up , another key thing is to sort out the ownership structure . What does the founders get , what roles do they play , what is their shares percentage .

This is very key at the early stage of the startup so founders and the early employees know what's in for them and everyone is aware of their stake in the startup

We will discuss incorporation capital you need to start up depending on your sector

Synord:
Time to discuss funding for startups . Stay tuned

patiently waiting

Will kickstart this in a bit

Back on the thread today . Continuous post fro m henceforth