Patent registration in Nigeria. Imagine you have invented software for the financial services industry. Initially, you were not sure if people would like the idea. But after about a year of launching it, you see a huge demand for it. However, you are concerned that someone else will copy your idea and you will lose your invention. Well, you can establish sole ownership over your inventions by registering for a patent under Nigerian laws.
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What is a Nigeria Patent?
The government of Nigeria grants a Nigerian patent. It gives an inventor of a particular invention the exclusive right to make, use, and sell his or her creation for twenty years, subject to yearly renewal.
The basic idea of this system is to encourage the inventors to safeguard their creations. Books, movies, and some artworks cannot be patented. However, one can protect these assets under copyright law.
Who May Apply for a Nigeria Patent?
In Nigeria, some qualifications must be met to obtain a patent. Both local and foreign entities are eligible to apply for patents in Nigeria. The primary requirement is that the applicant must be the creator of the invention or has acquired an interest in the invention.
The concept of inventorship is important during the patent application process as it identifies those who contributed to inventing the product. Inventors must ensure their inventions meet the standards established by the Nigerian Patent Office and may seek guidance to safeguard their intellectual property rights effectively.
Research institutions also file for patent registration in Nigeria to protect inventions stemming from funded research initiatives. These institutions might have guidelines on the ownership and commercialization of discoveries made by their researchers.
What Inventions are Patentable in Nigeria?
For any asset or invention to qualify for a Nigerian patent, it must meet three basic requirements:
- It must be novel and one of a kind: This means that the particular invention must be new, and there should not be any existential trace of it
- It can be a unique improvement: An improvement in the current technology can be patented.
- It must be helpful: It should add value to life, and it must not benefit or support illegality or immorality.
Documents Required for Filing a Patent Application
Before getting into the procedure for obtaining a patent, let’s go through the essential documents needed during this process:
1. Patent Grant Application
The patent grant application is the initial step in the process of obtaining a patent in Nigeria. It serves as a formal request to the Nigerian Patent Office for granting a patent. To file this application, you need to provide the following information:
- Applicant details, including name, address, and nationality
- Title of the invention
- Field of the invention
- Description of the invention
- Drawings (if applicable)
- Abstract of the invention
2. Complete Specification
A complete specification covers all the details and claims in the invention and secures a priority date in the patent.
Crafting a precise specification is essential for patent protection. Ensure it contains explanations and supporting evidence or data.
3. Statement and Pledge
The statement and pledge are declarations affirming your right to file a patent application. By stating your connection to the invention and confirming the accuracy of all provided information, you establish credibility.
To prepare this document correctly, you should clearly state your connection to the invention and declare that all information provided is genuine and complete.
4. Declaration of Inventorship
Identifying and acknowledging inventors accurately is crucial in the patent application process. Make sure all individuals who significantly contributed to creating innovation are recognised as inventors in the declaration.
5. Authorisation for Representation
The representation authorization allows an agent or attorney to represent the applicant in patent-related issues. Selecting a competent representative is essential for managing the application process.
To grant power of attorney, you need to execute a power of attorney document and submit it along with the patent application.
How to Apply for Patent Registration in Nigeria
The Nigerian Patents and Designs Act is the main legislation dealing with patent registration in Nigeria. An inventor, his assignee, or one of his successors-in-title can apply for a patent through registered patent attorneys in Nigeria.
Procedure on Patent Registration in Nigeria:
STEP 1: Invention Disclosure
The first step is to disclose your invention to a professional under a non-disclosure agreement. It is recommended to submit every detail about the invention.
STEP 2: Drafting and Filing an Application for a Patent
This is where the actual process begins. To qualify for a patent grant, your invention must have an ‘inventive step’ compared with existing prior art. It must also be ‘technical advanced’, ‘economically significant’, or both, over any existing piece of art. Your patent attorney in Nigeria will have to draft and file the patent documents in the prescribed manner and pay the required fees.
STEP 3: Responding to Objections (if any)
There is no substantive examination in Nigeria. The patent documents submitted are only examined for formality compliance. Where the documents submitted are satisfactory and complete, the patent grant will be issued.
STEP 4: Grant of Patent
If the application meets all the prescribed requirements, it is placed in order for the grant. The Patent Office notifies the applicant through his attorney of the patent grant by issuing a Patent certificate.
STEP 5: Renewal of Your Patent
The last step in obtaining and maintaining a patent in Nigeria is renewing it. A Nigerian patent is valid for 20 years. However, the annuity for each year must be paid and recorded at the Nigerian patents registry.
Advantages of Patent Registration in Nigeria
1. Exclusive Rights
Patent registration in Nigeria gives you ownership rights to produce, utilise and commercialise your invention for a defined period, 20 years from the filing date. This exclusivity safeguards your property from exploitation by others.
2. Market Differentiation
A patented product or procedure distinguishes your business from competitors, acting as a selling proposition. It highlights your creativity. Can appeal to customers seeking solutions.
3. Monopoly Power
Possessing a patent grants control over the use of your invention in the market, giving you an edge in determining prices and negotiating licensing deals.
4. Revenue Generation
Patents can serve as assets that contribute to revenue generation. You can generate income by licensing the technology to firms, establishing partnerships, or even selling the patent outright.
5. Investor Confidence
Patents boost investor and stakeholder confidence in your business. They showcase your dedication to innovation and offer reassurance by safeguarding your market position.
6. Legal Protection
A patent establishes a framework for protecting your property. In instances of infringement, you have the option to take measures to halt usage and seek compensation.
7. Incentive for Innovation
Providing inventors and businesses with the assurance that their creations will be safeguarded motivates them to invest time and resources in research and development, nurturing a culture of innovation within the company.
8. Strategic Advantage
Utilising patents strategically can help establish a market position by serving as barriers to entry. They make it harder for competitors to imitate your products or processes.
9. Global Protection
In today’s interconnected world of business, patents offer protection that extends beyond boundaries. Patent filings and collaboration agreements play a role in securing intellectual property rights across multiple countries.
10. Enhanced Business Valuation
Possessing a collection of granted patents enhances the value of your business. It showcases future revenue streams and also lays a solid foundation for sustained success.
11. Technology Transfer
Patent registration in Nigeria facilitates the transfer of technology by enabling businesses to share or license their innovations with others. This opens up opportunities for collaboration and beneficial partnerships.
Contact Us
Contact us today for assistance on patent registration in Nigeria. Email at admin@ashtonlp.com.
