This article will attempt to provide some context that might explain why local companies in Nigeria are hesitant to file for patents.
Here is a comprehensive analysis:
- Lack of Substantive Examination and Uncertainty about Patent Validity: The Nigerian patent system lacks substantive examination. This means patent applications are only reviewed for formal requirements, without assessing their novelty, inventiveness, or industrial applicability. Consequently, patents are granted \”at the risk of the patentee and without guarantee of their validity\”. This uncertainty about the actual protection offered by a granted patent may discourage local companies from investing in the costly and time-consuming process of patent filing. Why go through the effort and expense if the resulting patent might be easily challenged or invalidated later?
- Limited Awareness and Understanding of Patent Procedures and Benefits: There is a limited \”culture of patenting\” among Nigerian researchers. This suggests that the awareness and understanding of patent procedures and the potential benefits of patent protection might not be widespread among the local business community. Companies might not be fully aware of how patents can help them secure their inventions, gain a competitive advantage, attract investment, or generate revenue through licensing.
- Focus on Trademarks and Designs: Most companies in Nigeria likely prioritize trademark and design filings over patent applications. This could be due to several factors:
- Trademarks and designs are often perceived as more straightforward and less costly to obtain than patents.
- Trademark and design protection might be considered sufficient for many local businesses, especially those focused on branding and aesthetics rather than technological innovation.
- The perceived lower risk and complexity associated with trademarks and designs could make them more attractive to local companies, especially those with limited resources and legal expertise.
- Weak Technological Base and Limited R&D Activities: Nigeria\’s technological and industrial base is relatively weak, with limited R&D activities and investments. This might result in a lower number of inventions with the potential for patent protection. Additionally, companies operating in a less technologically advanced environment might not see the same need for patent protection as those in more competitive and innovative sectors.
- Challenges in Enforcing Patent Rights: The enforcement of patent rights in Nigeria can be challenging. The lack of criminal sanctions for patent infringement, the limited number of litigated cases, and the absence of specialized patent infringement courts can create difficulties for companies seeking to protect their patent rights. This perception of weak enforcement mechanisms might deter local companies from pursuing patent protection, as they might not be confident in their ability to defend their patents against infringement.
- Cost Considerations: The cost of filing and maintaining patent applications, which can be a significant barrier for smaller companies. There are professional fees for a new non-convention patent application in addition, to official government fees and renewal fees to be paid over the patent\’s lifetime. Local companies with limited financial resources might prioritize other business needs over patent protection, especially if they are uncertain about the return on investment.
It is important to note that these are some of the potential explanations as there might be other factors that might contribute to the hesitancy of local companies in Nigeria to file patent applications.