ABSTRACT
Like most patent legislations, the Patents and Designs Act (the Act) provides that an invention is patentable if it is new, results from inventive activity and is capable of industrial application. However, by virtue of section 4 of the Act, the Registrar is not required to make inquiries into whether an invention satisfies the patentability requirements in so far as the application satisfies the statutory requirements as to form. Whilst there may have been valid reasons for choosing formal as opposed to substantive examinations when the Act was initially passed, recent developments in the biotechnology space appear to challenge the continued sufficiency of this approach to patenting in Nigeria. Accordingly, this chapter reviews the Act in light of these developments and considers whether the Act is poised to deal with the challenges associated with patenting biotechnology.
