Despite the transformative potential of your invention, limited awareness about patent registration can undermine your hard work. Often, the cost and complex filing process and delays in processing applications that come with patent registration in Nigeria may leave you vulnerable to intellectual property theft.
In 2024, reports revealed that Nigeria’s International Property Rights Index (IPRI) score increased by 0.149 to 3.52, ranking the country 21st in Africa and 115th globally.
The Intellectual Property Rights Subindex improved by 0.535 to 3.96, with individual scores of 3.33 for the perception of intellectual property protection, 4.267 for patent protection, 4.271 for copyright protection, and 3.972 for trademark protection.
Protecting your intellectual property is important in a world where innovation drives progress. In this article, you will learn about patents and how to register a patent in Nigeria.
Key takeaways
- To be patentable, an invention must be new, result from inventive activity, be capable of industrial application, and not be specifically excluded under the Act.
- Registrating Patents can provide exclusive legal rights, protection from infringement, and increased reputation and value.
- The patent registration process involves assessing the invention, conducting a search, preparing and filing the application, and examination by the registrar.
- A registered patent is valid for 20 years from the date of application, subject to annual renewal fees.
- Hiring a patent attorney for expert guidance and proper documentation is recommended to avoid rejections or opposition.
What is a patent and why register one in Nigeria?
A patent is your legal right as the creator of an invention to protect it from unauthorised use. Your invention can be a new or improved device, process, or method designed to solve a problem or meet a need.
This invention may involve tangible objects or intangible concepts, such as software, algorithms, or processes, as long as it meets the criteria for protection. However, some inventions are not considered patentable under the law.
Written by Omoruyi Edoigiawerie, a seasoned startup attorney with over a decade of experience. Learn more.
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When you obtain a patent, you gain the exclusive legal right to prevent others from using, reproducing, or selling your invention without your permission for a specified period. This protection ensures that your patented product remains safeguarded from unauthorised exploitation.
In Nigeria, patenting is governed by the Patents and Design Acts Cap. 344 of the Federation of Nigeria law 1990 (Act of 1970). This Act outlines the legal framework for patent protection, your invention's criteria, and other matters related to patents within the country.
Criteria for a patentable invention
Not every innovation makes a valid patent. Your innovation must meet certain requirements to be patentable.
Your invention is patentable if:
- It is new.
- It results from an inventive activity.
- It is capable of industrial applications.
- It is not specifically excluded under the Act.
Your invention can be used in any industry if you manufacture or use it. When you apply for a patent, your application must involve only one invention, although it may include claims for multiple products.
Benefits of registering a patent
There are several reasons why you should register a patent in Nigeria, and these benefits make patenting your invention worthwhile:
- A patent gives you the legal authority to prevent others from using or copying your registered innovation. You can also decide who can use it in line with the law.
- You can sue anyone who infringes on your registered invention and claim damages for the violation.
- A patent grants you exclusive rights to manufacture, sell, or license your invention.
- By owning a patent, you establish your unique position in the market and an edge over competitors.
- A patent can boost your company’s reputation and value, attracting investors and customers.
Who manages patent registration in Nigeria?
You can register your patent in Nigeria through the Trademarks, Patents, and Designs Registry (TPDR). The TPDR operates under the Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment in Abuja.
This registry manages intellectual property laws, including patents, trademarks, and industrial designs, and ensures you can secure exclusive rights to your innovations in Nigeria. It operates under the Patents and Designs Act.
To register a patent, you need to submit your documents to the Registry. Additionally, the National Office for Technology Acquisition and Promotion (NOTAP) assists in patent registration in Nigeria, supporting inventors by:
- Linking you with patent offices worldwide to help you commercialise your innovations.
- Assisting you in drafting comprehensive patent applications for your invention.
- Processing your patent application through industrial property offices.
How to register a patent in Nigeria
Step 1: Assess the invention
Assess the invention to ensure it complies with the provisions of the Act.
Step 2: Conduct a search
Conduct a search to determine if the invention is new, nonobvious, and does not form part of the state of the art. This can be done at the Nigerian Patent and Trademark Registry or with the assistance of a patent agent.
Step 3: Prepare the application
Prepare the application, note the requirements, and fill out the documents.
Step 4: File the application
You can file the patent application in Nigeria by yourself or work with accredited agents or intellectual property lawyers to navigate the registration process. If you are a foreigner or have a foreign address, you must provide an address for service within Nigeria.
You can also file the application electronically or in hard copy at the registry. Note that there is a filing fee, which only covers one patent.
Step 6: Examination
Once the application is filed, the registrar examines it to ascertain that it has met formal compliance.
Step 7: Grant of patent
The patent is granted if no opposition is filed, and the registrar issues the applicant a registration certificate.
Procedure for Patent Application
An application for the grant of a patent is made to the registrar and contains the following:
- A petition or request for a patent with the applicant's full name and address (form 1A). The applicant must have an address within Nigeria.
- A signed power of attorney authorises an agent if the application is made by an agent (form 2).
- A specification including a claim or claims in duplicate (form 3).
- Plans and drawings, if any.
- A declaration by the actual inventor, where applicable.
In Nigeria, the registrar only verifies whether a patent application fulfils formal requirements without assessing its patentability. If the formal requirements are satisfied, the application is approved, but its novelty, inventiveness, or industrial applicability is not evaluated.
The courts determine a patent's validity. A granted patent can be nullified if it fails to meet the necessary criteria. While the patent granting process typically takes about six months, the need for more validity assurance highlights a concern with the system.
Foreign priority in patent filing
Patent applications in Nigeria are governed by both national laws, such as the Patents and Designs Act, and international laws, including the Patent Cooperation Treaty (PCT).
Since Nigeria is a PCT member, you can claim priority from an earlier filing date in another country. As of 2024, the treaty has 155 contracting members, and Nigeria has been a member since 8 May 2005.
This means that if you file a patent application in Nigeria within 12 months of filing in another country, you can claim priority from the earlier filing date. Alternatively, if you file in Nigeria first, you can use that filing date as the priority date for applications in other PCT member countries.
You must submit a written declaration and a certified copy of the earlier application to claim priority.
Cost of patent registration in Nigeria
Securing a patent in Nigeria involves several costs, and these fees can vary depending on the type of patent you seek and your status as an individual, business, or foreign entity. The fees cut across:
- Patent filing fees
- Search fees
- Examination fees
- Professional fees (when you hire a patent attorney or agent)
- Annual renewal fees
The Nigerian Industrial Property Office (NIPO) platform provides a detailed list of fees and charges. For example, the application fee for the grant of a non-convention patent is ₦15,000, while a convention patent costs ₦25,000.
In addition to government-related fees, the cost of filing for a patent at the Registry depends on the patent attorney you choose. Professional fees typically range from ₦150,000 to ₦500,000 or higher, depending on the complexity of your invention and the level of legal assistance you require.
Common issues in patent registration
Why do patent applications get rejected?
Patent applications in Nigeria can be rejected for several reasons, including:
- Lack of novelty: If the invention is not new or is obvious.
- Lack of inventive step: If the invention must demonstrate sufficient inventive step past existing technology.
- Industrial applicability: If the invention has no practical application.
- Insufficient disclosure: If the application doesn't provide enough detail or isn't clear enough.
- Prior art: If the invention has already been patented by someone else.
- Formalities: If the application doesn't meet other formal requirements.
Patent validity in Nigeria
From the date of publication, a registered patent remains valid for 20. During this period, you must renew it annually, starting from the filing date, although the fees only become payable after the patent is granted. After 20 years, you cannot renew the patent.
Your patent will only lapse if you pay the annual fees within a six-month grace period. If you pay the renewal fees late, you will incur a penalty.
Once your patent expires, the invention becomes public, allowing anyone to use it freely.
If you decide you no longer wish to maintain your patent, you can surrender it by submitting a written declaration to the registrar.
Frequently asked questions about patent registration in Nigeria
Can I register a patent medicine store in Nigeria?
In Nigeria, patent registration applies to new and innovative products and processes with inventive steps but not to businesses like medicine stores.
Some examples of non-patentable inventions are:
- literary, dramatic, musical or artistic works
- principles and discoveries of a scientific nature
- methods of medical diagnosis or treatment
- biological processes for the production of plants or animals
Will software qualify for a patent?
Software itself may not be patentable, but when combined with hardware to create a new and innovative solution involving an inventive step, it can be patented. Hyperspace Technologies Limited secured a blockchain technology-driven multi-factor authentication (MFA) patent in 2023.
Is it necessary to hire a patent attorney?
It is not mandatory to hire a patent attorney for your patent registration in Nigeria; however, it is recommended that you do so for expert guidance, proper documentation, navigating legal complexities, and handling rejections or oppositions.
What documents do I need to register a patent?
Some of the documents you need to provide include:
- Patent application form
- Description or explanation of the invention
- Claims
- Drawings or diagrams (if applicable)
- Abstract (brief summary of the invention)
- Priority document (if claiming priority from an earlier application)
- Power of Attorney (if filing through an agent)
- Declaration of inventorship (statement confirming the inventor's identity)
How many inventions does one patent application cover?
One patent application covers one invention. However, the invention may include claims to several products, manufacturing processes, or uses of the product.
What right does an employer have to a patent?
When an employee creates an invention while working under a contract, their employer typically owns the patent rights. However, the employee is entitled to fair compensation beyond their regular salary, which can be enforced through legal action.
What are alternatives to grants of patents?
If an invention is not eligible for patent protection, you may consider applying for copyright, trademark, or industrial design protection instead.
Who can register a patent in Nigeria?
In Nigeria, only inventors and companies can register patents. If a company wants to register a patent, it must show that the inventor has transferred the rights to it.
The first person to file a patent application gets the patent rights, but the true inventor has the right to be named as such in the patent. Even if the true inventor isn't the one who filed (like an employee who created something at work), they still have the right to be named and recognised as the inventor.
Conclusion
Patent registration in Nigeria grants you exclusive rights and protection for your invention. By patenting your inventions, you ensure that your hard work and investment are legally safeguarded for the allotted period.
Patenting encourages innovation, research, and development and promotes economic growth.
Although there are hurdles to patent registration in Nigeria, this article provides a guide on how to register a patent in Nigeria and answers key questions you may have.
Moreover, you should consult with legal professionals or visit the Nigerian Patent Office for further assistance.
