How to File a Patent Application in Nigeria HOW TO FILE A PATENT APPLICATION IN NIGERIA The Lex Artifex Law Office has introduced the IP Helpdesk to assist businesses in protecting their Intellectual Property (IP) and enforcing their Intellectual Property Rights (IPR) when doing business in or with Nigeria. This publication gives a snapshot of how to file a patent application in Nigeria. WHAT IS A PATENT? A patent is a legal right protecting an invention, which provides a new and inventive technical solution to a problem. The owner of a patent has the right to stop others from commercially exploiting the protected invention, for example by making, using, importing or selling it, in the country or region in which the patent has been granted. READ: Requirements for Registering a Trademark in Nigeria WHAT KIND OF INVENTION IS PATENTABLE? An invention is patentable if it is new, or results from an inventive activity and capable of industrial application; or, it constitutes an improvement upon a patented invention and also is new, results from inventive activity and is capable of industrial application. An invention is capable of industrial application if that invention can be manufactured or used in any kind of industry, including agriculture. Patents cannot, however, be obtained in respect of plant or animal varieties or essentially biological processes for the production of plants or animals (except microbiological processes and their products); inventions the publication or exploitation of which would be contrary to public order or morality; or principles and discoveries of a scientific nature. The Patents and Designs Act of 1971 is the primary legislation governing the registration and enforcement of patents in Nigeria. The Patents Rules regulates the procedures adopted at the Patent Registry. WHO USES A PATENT? Patent is a valuable asset for companies, corporations, research institutions and universities as well as by individuals and small and medium-sized enterprises. HOW TO FILE A PATENT APPLICATION IN NIGERIA A patent application filed under the Patent Cooperation Treaty ("PCT") at the International Bureau of the World Intellectual Property Organization (WIPO) or at the Nigerian Patent Office must contain the following: A petition or request for registration with the principal's full name and address; A specification, including your claim or claims in duplicate; The plans and drawings, if any, in duplicate; A declaration signed by the true inventor; An address for service in Nigeria if your address is outside Nigeria; If you want to leverage on a foreign priority in respect of an earlier application made in a country outside Nigeria, your application would have to accompany a written declaration showing the following: - the date and number of the earlier application, - the country in which the earlier application was made, - your name as indicated in the earlier application You would have to file a patent application at the Nigerian Patent Office through an accredited patent attorney in Nigeria - who will act as your "Attorney on Record" and agent. If you want to file an international patent, an International Search is required for the initial assessment of the patentability of the invention sought to be registered. This will be followed with the Publication of the International Search Report. The International Search Report will be published after the expiration of 18 months from the priority date of the application (i.e., the filing date or the filing date of an earlier application from which it claims priority, if applicable). On publication, your invention will become publicly known. Nigeria is a signatory to the Patent Cooperation Treaty of WIPO and has direct access to PCT work products, including International Search Report, the Written Opinion of the International Searching Authority and an International Preliminary Examination Re­ports. All prior international patent filings under the PCT system are accepted in Nigeria for territorial registration and enforcement. Where you want to avail yourself of a foreign priority in respect of an earlier patent application filed under the PCT system or filed in a country outside Nigeria, the Nigeria IP Office will require a written declaration showing the date and number of the earlier application, the country in which the earlier application was made, and your name. It is a requirement that not more than three months should elapse since the application in the initial country was made. You will have to provide a certified copy of the earlier application by the Patent Office (or its equivalent) in the country where the earlier application was submitted. NOTE: A PCT application may be filed in Nigeria as a first filing or, alternatively, it may claim priority from an appropriate application filed up to 3 months beforehand, in which case the PCT application will be treated as if it were filed on the same date as the earlier application. The right to a patent in respect of an invention is vested not in the “true owner”, but in the “statutory inventor”, in which case is the person who is the first to file the application for patent, or who can validly lay claim to a foreign priority of a patent application filed in respect of the invention. The WIPO-administered Patent Cooperation Treaty (PCT) is a treaty for rationalization and cooperation with regard to the filing, searching and examination of patent applications and the dissemination of the technical information contained therein. The PCT offers applicants seeking patent protection in multiple countries a more user-friendly, cost-effective and efficient option. By filing one “international patent application" under the PCT with one patent office (the “receiving office”). The Nigerian IP Office grants patents which have the same effect as though the applications were filed in the WIPO Member states since Nigeria is a signatory to the Patent Cooperation Treaty. However, the PCT does not provide for the grant of "international patents" as the responsibility for granting patents is that of the respective country Patent Offices where applications are made. The enforcement of “international patents” lies within the jurisdiction of each Member State. The enforceability of a patent is territorial, meaning that a patent is only enforceable in Nigeria only upon valid domestic registration with the Nigerian Patent Office. Once a patent application is granted, the patent is valid for 20 years and is subject to annual renewals. PATENT REGISTRATION AND ENFORCEMENT IN NIGERIA Lex Artifex LLP offers a full range of patent application preparation and prosecution services. Our team comprises IP Attorneys & Solicitors accredited by the Nigerian IP office. For the filing of a patent in Nigeria, we require the details of the invention and a Power of Attorney to act. BILLING ARRANGEMENT For the billing arrangement, please click here: Cost of Filing a Patent Application in Nigeria. The Lex Artifex LLP Patent Services Cover the following: Preparation of patent applications Patent search Filings with WIPO or the Nigerian IP Office Representation as “Attorney on Record” Advisory on IP law Provision of local address for the service of government papers and correspondences, Defence to oppositions (if any), Maintainance of patent renewals. For a business-focused IPR advice, contact us today, email at lexartifexllp@lexartifexllp.com, call +234.803.979.5959. Lex Artifex LLP’s Intellectual Property Practice Group How to File a Patent Application in Nigeria

Comprehensive Guide to Patent Registration in Nigeria

Securing a patent in Nigeria is crucial for safeguarding your invention and gaining exclusive rights to its commercial exploitation. This detailed guide explores the essential steps, requirements, and legal framework governing patent registration in Nigeria. Whether you are an entrepreneur, researcher, or business owner, understanding this process is key to protecting your intellectual property and fostering innovation.

What is a Patent?

A patent is a legal instrument granting an inventor exclusive rights to their innovation. It prevents unauthorized commercial use, enabling the patent holder to manufacture, sell, import, or otherwise utilize the invention within the jurisdiction of registration.

In Nigeria, patents offer a competitive advantage by protecting the originality of an invention and encouraging technological advancements.

Criteria for Patentability in Nigeria

To secure a patent in Nigeria, your invention must meet specific criteria as outlined in the Patents and Designs Act of 1971:

  • Novelty: The invention must be original and not previously disclosed anywhere in the world.
  • Inventiveness: It should exhibit an inventive step, offering a unique solution to a technical problem.
  • Industrial Applicability: The invention must be applicable in industry or agriculture and capable of practical use.

These requirements ensure that patents are granted only for innovations that contribute to societal and technological progress.

Who Can Apply for a Patent?

Patents are valuable to a diverse range of entities, including:

  • Individual inventors and entrepreneurs.
  • Universities and research institutions.
  • Small and medium-sized enterprises (SMEs).
  • Corporations seeking to protect innovative products or processes.

Steps to Patent Registration in Nigeria

Applying for patent registration in Nigeria involves a structured process. Here are the key steps:

1. Prepare the Required Documents

To initiate a patent application, you will need:

  • A formal request for patent registration in Nigeria, detailing the inventor’s name and address.
  • A comprehensive specification of the invention, including claims, drawings, or diagrams where applicable.
  • A declaration signed by the true inventor.
  • An address for service in Nigeria if the applicant resides abroad.

2. Provide Foreign Priority Details (If Applicable)

If the invention has been filed previously in another country or under the Patent Cooperation Treaty (PCT), include:

  • The date and number of the earlier application.
  • The country of the initial filing.
  • A certified copy of the earlier application from the issuing patent office.

3. Engage a Certified Patent Attorney

Patent applications in Nigeria must be filed through an accredited patent attorney. These professionals serve as your Attorney of Record, ensuring compliance with local regulations and facilitating communication with the Nigerian Patent Office.

4. Submit the Application

Submit your application to the Nigerian Patent Office. For PCT applications, ensure adherence to the 30-month deadline for claiming priority. For patent filing through the Paris Convention route, ensure adherence to the 12-month deadline for claiming priority.

5. Await Examination and Grant

After submission, the application undergoes a formal review. Once approved, the Nigerian Patent Office grants the patent, which remains valid for 20 years, subject to annual renewals.

Key Considerations for Patent Registration in Nigeria

  • Territorial Scope: A patent registered in Nigeria is enforceable only within its borders.
  • PCT System: Nigeria’s participation in the PCT allows international filings to be registered locally.
  • First-to-File Principle: In Nigeria, patent rights are granted to the first person to file the application, emphasizing the importance of timely registration.

Why Patent Registration in Nigeria Matters

Registering a patent in Nigeria not only safeguards your intellectual property but also enhances your market position. It provides legal backing to prevent unauthorized use and offers potential revenue through licensing or commercialization.

Conclusion

Patent registration in Nigeria is a critical step in protecting your innovation and ensuring its commercial viability. By adhering to the legal requirements and engaging experienced professionals, you can secure robust intellectual property protection.

If you’re ready to navigate the patent process or have specific questions, consult with us at lexartifexllp@lexartifexllp.com and +2348039795959.