Types of Patent registration in Nigeria

There are two types of patent applications in Nigeria, namely; (1) PCT or Conventional Patent and (2) Non-conventional Patent.

PCT or Conventional  Patent is a Patent application that had been registered in another country before. This means the Patent may be undergoing second, third or fourth registration (as the case maybe) in Nigeria. For example, a Patent first registered in the UK by the patent owners and then registered in the US and also registered in France and then in Nigeria is a conventional patent and the Patent owners could claim priority in each of these countries by simply maintaining the priority date in each of these countries.

On the other hand, Non-conventional  Patent is a Patent that is undergoing its first registration in the country of invention. It is otherwise known as a local patent.

Requirements of registration of patents in Nigeria

Prepare a document with the following these subheadings:

  1. Title of the invention 
  1. Abstract: summary of the invention.
  1. The background i.e. what necessitated the invention, impact, problem it intends to solve; Description of the working process of the invention
  1. Specifications i.e. the working process in that field of invention.
  1. Claims
  1. Diagrammatic representation if available; mostly hand sketch
  1. Conclusion
  1. Company name and address
  1. Power of Attorney
  1. Assignment if any

Benefits of Patent registration

An Inventor of a Patent may transfer his right over a Patent to an applicant to file an application for registration of the Patent. Where an Invention is made in the course of an employment, the invention belongs to the employer. Nevertheless, if the employee's contract of employment does not include inventive activity but the employee manage to make an invention or his invention is of an exceptional importance, he is entitled to a fair remuneration based on his salary and the nature of the invention.

A person can only use the Patent of another if he obtains licence from its owner. If the fee and terms of usage cannot be agreed by the parties, the person seeking to use the Patent may apply to court to fix a fee and terms for usage of the Patent.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.