ARTICLE
15 January 2025

Patent Registration In Nigeria

AS
Aekley Solicitors

Contributor

Aekley Solicitors
In a world driven by innovation, creativity, and inventions, it is crucial to protect one's intellectual property rights.
Nigeria Intellectual Property

In a world driven by innovation, creativity, and inventions, it is crucial to protect one's intellectual property rights. One way to protect any unique invention is through patent registration. Patent registration is a process through which an inventor is granted exclusive rights to their invention for a specific period. During this period, the inventor has the right to prevent others from making, using, selling, or distributing the patented invention without his consent.

In Nigeria, the registration of patents is governed by the Patents and Designs Act which grants the patent holders exclusive rights to their invention. This article will guide through the registration process for patent in Nigeria and key considerations.

Steps to Register a Patent in Nigeria

Patentability Determination

Before applying for patent registration, it is important ensure that the invention meets the criteria for patentability. These criteria include:

  • Novelty: The invention must be new and not previously disclosed anywhere.
  • Inventiveness/ Non-obviousness: It must not be obvious to someone skilled in that particular field.
  • Utility/Industrial Applicability: The invention must be capable of being used in some kind of industry.

Preparation and Filing of Application

The application should be prepared and filed in the prescribed form with the Trademarks, Patents, and Designs Registry of the Federal Ministry of Industry, Trade, and Investment. The content of the application will include:

  1. Title of the Patent.
  2. Abstract: This part contains the general overview of the invention
  3. Background of Invention
  4. Field/ Specification of Invention: This part will contain the detailed description of the invention and its utility. It will explain the main field of the invention, describing the different components that make up the invention and how they all work together to achieve their goals. It will also contain the diagrammatic representation of the invention where applicable.
  5. Claims: The unique features of the invention intended to be protected against infringement will be highlighted in this part. It will provide a clear definition of the scope of protection sought, highlighting the problems that the invention is solving.
  6. Conclusion: The benefits of the patent to mankind will be highlighted here.
  7. Statement of Inventorship: This will include: (a) Name and address of the company or individual registering the patent; (b) Name and address of the agent with Power of Attorney duly signed; and (c) Name, address and nationality of the inventor/inventors.
  8. Technical Drawings and Diagrams where applicable
  9. Power of Attorney
  10. A deed of assignment where applicable
  11. Evidence of payment of the prescribed filing fee

Acknowledgment of Application

Upon receipt of the application, the Registry will issue an Acknowledgement Form. This document will contain all relevant filing details on the patent including a Temporary Patent Number and date of application.

Examination of the Application

Examination of patent applications in Nigeria is only as to form. The application is only examined for formal compliance and once the documentation is in order, the patent will be granted.

Grant/Issuance of Certificate of Registration and Publication

Once the application has passed the examination stage, the Registrar will issue a patent certificate to the Applicant. The details of the granted patent are then published in the official Patent Journal.

Duration, Renewal and Annuity

A Nigerian patent is valid for 20 years from the date of filing of the application, provided the renewal fees are paid annually. The registration will expire if the prescribed annual fees are not paid before the due date which is the day before the date of filing in the subsequent years. However, a grace period of 6 months is given to Patent Holders for the payment of the annual fees.

International Considerations

Nigeria is a member of several international patent-related treaties, including the Paris Convention for the Protection of Industrial Property. This allows Nigerian inventors to file for patents in other member countries and also for foreign inventors to file in Nigeria through the Patent Cooperation Treaty (PCT).

Conclusion

Although the process of patent registration in Nigeria is somewhat complex, it is important for inventors to undertake patent registration in Nigeria in order to protect their innovations and benefit fully from their intellectual creations. The benefits of having a registered patent far outweigh the complex nature of the process. It is however advisable to consult an experienced patent attorney to navigate the process effectively and ensure that all legal requirements are met seamlessly.

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.

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