Good morning, friends.
Sometime ago in Nigeria, a man obtained a patent from the Federal Government in respect of an invention credited to him. Subsequently, another person objected to the issuance of the patent claiming that he had conceived the invention long before the patentee  ever came about his idea of this invention let alone carried it out. He, therefore, approached the Federal High Court urging the court to reverse the issuance  of the patent. Does he have any legal remedy?

In the Nigerian patent law, a conceived idea is not regarded as an invention.For a person to be entitled to patent in respect of an invention, he must have transmitted the idea of it from the realm of ideas into reality.Different people at different locations in the world can be struck by an idea to invent the same thing.It is whoever first practicalizes the idea among them and makes an invention of it that becomes entitled to be granted patent on it.In the instant scenario, the person that went to court to challenge the issuance of patent to the inventor cannot succeed as the patent being challenged was validly issued considering the position of the law as stated above.

Have a wonderful day!