Want to learn how to apply for a patent in Nigeria? This article covers basic information you should know about applying for a patent in Nigeria.
WHAT IS A PATENT?
A patent is a type of intellectual property right or authority that is granted by the government to an owner. This right excludes others from using, making, and dealing with a patented invention without/product without a license or permission of the owner for a specified period of time within the location it was granted.
Examples of patentable products include: kitchen appliances, cosmetics or skincare formulations, smartphones, tablets and wearable technology, automobiles, etc
CRITERIA FOR GRANT OF A PATENT
Not every invention or product qualifies for patent registration, as there are legal criteria every invention must satisfy. Section 1 of the Patents and Design Act 1971 defines an invention as patentable if;
- It is new, results from inventive activity, and is capable of industrial application
- It constitutes an improvement upon a patented invention and also is new, results from inventive activity, and is capable of industrial application
Inventions which can be easily derived from a method, application, or combination of methods which is common or obvious within an industry to which the invention applies are not patentable. Plants or animal varieties, biological processes for the production of plants or animals, cannot be patented. Any invention whose publication would be contrary to public order or morality is not patentable.
HOW TO APPLY FOR A PATENT IN NIGERIA
Requirements
Patents are registered at the Patents and Designs Registry in Nigeria. To apply for a patent in Nigeria, an applicant must submit a petition or request for a patent signed by either the applicant or their agent. The petition must contain: specifications, claim(s), plans, and drawings, if any.
Alongside the petition, the applicant must provide the following;
- Name and address of the company or individual(s) registering the patent
- Name and address of the agent applying on behalf of the applicant with a power of attorney duly signed
- Name and address of inventor
FOREIGN PRIORITY
This applies in a situation where an applicant had previously applied for a patent in a country outside Nigeria before applying for a patent in Nigeria. Taking advantage of “foreign priority” enables the application in Nigeria to be treated as filed at the same time that the same patent application was filed outside Nigeria. A patent application must be filed both in Nigeria and outside Nigeria for “foreign priority” to be applied.
What this achieves is that in the event a third party submits a patent application in Nigeria in respect to the same invention, the earlier date the foreign application was filed by the applicant will be used in the latter’s favour.
An application for foreign priority must contain a written declaration showing the date and number of the earlier foreign application, the country in which the earlier application was made, and the name of the applicant who made the earlier application. Three months after making the patent application in Nigeria, the applicant must also provide a copy of the foreign application, which must be certified by the Industrial Property Office or its equivalent in the country where the earlier application was made.
HOW MANY YEARS DOES A PATENT LAST IN NIGERIA?
A patent is valid for 20 (twenty) years from the date of filing. Where a patent’s prescribed annual fee is not duly paid, a six-month grace period will be given to pay the fee. Where the fee and surcharge are paid within the grace period, the patent will continue as though the fee has been duly paid.
CONCLUSION
To take advantage of the intellectual property rights that a patent gives, it’s important to ascertain whether or not your invention satisfies the criteria provided by law. Seek professional advice where necessary.
Do you need professional assistance on how to apply for a Patent In Nigeria? Reach out to us through the WhatsApp icon on this page or HERE, and we’ll be delighted to assist you.
