Guide On How To Register Patent In Nigeria

Introduction

Patent ownership affords the holder the exclusive right to govern the creation, use, import, and sale of their invention. However, patent eligibility is subject to certain criteria, and not all inventions qualify. Registering a patent in Nigeria involves several steps and requirements.

This article aims to discuss the intricacies of patent registration in Nigeria, covering the legislative framework and other essential aspects

 

What is Patent?

Patent is a government-granted exclusive right awarded to an inventor, allowing them to manufacture, utilize, sell, or license their invention to the public for a specified period. In return, the inventor must publicly disclose the invention’s details after the protection period expires

 

What law governs Patent registration in Nigeria?

The Regulatory law is the Patents and Designs Act^[i], which sets out the rules and criteria for patent protection, patentability, and other relevant aspects

 

Rights and protection conferred by registration of a patent or design
By virtue of section 19(1)^[ii], registration of an industrial design confers upon the registered owner the right to preclude any other person from doing any of the following acts:

(a)reproducing the design in the manufacture of a product;

(b)importing, selling or utilizing for commercial purposes a product reproducing the design;

(c)holding such a product for the purpose of selling it or utilizing it for commercial purposes^[iii].

 

Requirements for Patent Registration

To register a patent in Nigeria, your invention must meet certain criteria, including:

– Novelty: Your invention must be new and not already known or used in any part of the world before the application for a patent is made.

– Inventive Step: Your invention must not be obvious to a person skilled in the art.

– Industrial Applicability: Your invention must be capable of being deployed in an industry.

Additionally, you’ll need to provide the following documents

– Application form: A petition or request for a patent with the applicant’s full name and address.

– Power of Attorney: A signed power of attorney authorization of agent if the application is made by an agent.

– Specification: A specification including a claim or claims in duplicate.

– Drawings: Plans and drawings if any in duplicate.

– Declaration: A declaration by the true inventor where applicable.

 

Procedure for Patent Registration

Here’s an overview of the patent registration process in Nigeria:

The Commercial Law Department of the Federal Ministry of Industry, Trade and Investment oversees the registration of trademarks, patents, and designs in Nigeria. The type of patent sought (product or process) does not affect the registration process.

The Patent Registration Process

1. Conduct a search: Before filing a patent application, conduct a search at the Nigerian Patent and Trademark Registry or with a patent agent’s assistance to ensure the invention is new and non-obvious.

 

2. Prepare the application: Submit the required documents, including:
3. A petition or request for a patent (Form 1A)
4. A signed power of attorney authorization (Form 2)
5. A specification, including claims (Form 3)
6. Plans and drawings (if applicable)
7. A declaration by the true inventor (if applicable)
8. File the application: Submit the application electronically or in hard copy at the Nigerian Patent and Trademark Registry, accompanied by the filing fee.

 

4. Examination: The Registrar examines the application to ensure it meets patentability requirements and formal compliance.

 

5. Grant of Patent: If no opposition is filed within two months of publication, the patent is granted, and a certificate of registration is issued.

 

Duration and Validity of Patent

The entire patent registration process typically can take around 3 months from filing to granting of a patent in Nigeria.

Patents have a validity period of twenty years, commencing from the initial application date. To maintain patent validity, annual fees must be paid within the stipulated timeframe. A six-month grace period is allowed, after which a surcharge applies.

 

Conclusion

Registering a patent secures the patent holder’s exclusive right to prevent others from manufacturing, using, or selling their invention for commercial gain. To ensure a smooth registration process and compliance with legal requirements, it’s recommended to consult a patent agent or attorney for expert guidance.

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.

 

By Deborah Ogedengbe and Adeola Austin Oyinlade for Adeola Oyinlade & Co.

 

Adeola Oyinlade & Co. is a leading full-service law firm in Nigeria offering legal support to both local and foreign clients with expertise in Intellectual Property related matters including; Patent, Trademark, Industrial Design, Copyrights and product registration in Nigeria.

To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com

Telephone: +234 803 826 7683 / +234 802 686 0247/ +234 814 198 3314

 

 

[i] CAP P2 LFN 2004

[ii] Patents and Designs Act

[iii] Densy Ind. Ltd v Uzokwe (1998) 9 NWLR (Pt. 567) 569 (Pg 580 Paras C-D)