Understanding how to register a patent in Nigeria is essential for the Nigerian inventor desirous of safeguarding his/her creation from unfair exploitation while reaping the financial rewards of his/her ingenuity.
A patent grants an inventor the exclusive rights to make, use, sell, and distribute their invention for a period of time, preventing others from profiting off their hard work. Without this legal protection in place, inventors risk having their invention stolen/appropriated or commercially exploited without consent and with little to no remedy available to them in law. Unfortunately, when creatives are unaware of how to legally secure their creations/intellectual property, it not only robs them of pecuniary benefits but also disincentivizes innovation generally.
What Is A Patent?
Put simply, a patent is a legal license granted to an inventor/creative mind, allowing him/her exclusive rights over his/her creation1 to the exclusion of others for a limited period of time. This license is typically granted in exchange for the inventor disclosing to the public the details or process of the invention. Armed with such a license, an inventor is able to make, sell or use his/her invention as he/she pleases, although still within the legal confines, for a stated period of time and to the exclusion of others.
In Nigeria, the legal framework regulating patents is the Patents and Design Act CAP P2, LFN 2004 ["the Act"]. The regulatory authority in charge of Patent applications and general matters relating to patents is the Federal Ministry of Industry, Trade, and Investments, headed by the Honourable Minister for Industry, Trade and Investment.
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Requirements for Patent 2Registration
Before applying for a patent, it is important to know whether your creation is eligible to be patented. According to the = Act, an invention is patentable if it ticks any of the following boxes:
- If it is new: the creation sought to be patented should be a result of inventive activity and be capable of industrial application3.
- If it is an improvement on an already patented invention, it should be a new improvement borne of inventive activity capable of industrial application.
Aside from these, it is important to note that according to the Act, patents cannot be granted in respect of the following:
- Plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products)4
- Inventions, the publication or exploitation of which would be contrary to public order or morality5
Steps-by-Step Guide For Registering A Patent In Nigeria
- Determine the patentability of your invention. The invention should be novel, as a result of an inventive activity, and capable of industrial application. To ascertain that your invention ticks the necessary boxes, and is indeed patentable, you can conduct a search through the patent database with the aid of a patent agent.
- Meticulously prepare your application: Upon determining the patentability of your invention, the next step is to prepare your patent application properly. A patent application that is well prepared is essential to the success of your application6.
- Submission: Submit the application to the Trademark, Design, and Patent registry which is under the Federal Ministry of Industry, Trade, and Investment.
- Examination of application: the registrar conducts a meticulous examination of the application. Note that this period may take months, during which the applicant may be called upon to provide additional information or respond to inquiries.
- Grant of the Patent: Once approved and there is no opposition to the patent application within the given period, the patent license is granted and a certificate is issued to the applicant.
How Long Does It Take To Register A Patent
The timeline for patent registration in Nigeria generally takes about 6 to 12 months. The process involves formal examination, publication, and approval by the Patent Registry.
Factors that may affect the timeline include:
- The completeness of your application.
- Delays in official processing.
- Possible objections or oppositions.
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Lifespan of A Patent
In Nigeria, the lifespan of a patent license is 20 years from the date of filing the application7. After 20 years, the invention and its process becomes public knowledge. However, for a patent license not to lapse before the 20-year period, a patent holder must ensure he/she pays the prescribed annual fees as when due. Where the annual fees are unpaid, the registry may grant the license holder a further extension of 6 months to pay the fees.
Conclusion
Whether you are an innovator or an entrepreneur, obtaining a patent is an essential step in protecting your intellectual property. Thus, knowledge of the procedure for registration of a patent in Nigeria or other applicable jurisdictions is indispensable for the protection of your inventions and creations.
Footnotes
1 Creations could range from finished products to processes/procedures on how to create a functional finished product
2 Section 1 of the Patent and Design Act
3 The Patent Act provides that for an invention to be considered new, it must be novel and not form part of what is referred to as the "State of the Art" which refers to every knowledge and information concerning the relevant field to which the invention relates, that has already been made known to the public. See Section 1 (2) & (3) of the Patent Act.
4 Section 1 (4) of the Patent Act
5 Section 1 (4) of the Patent Act
6 Section 3 of the Patent Act prescribes what a patent application should contain
7 Section 7 of The Patent Act
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.
