A patent application must be made to the Registrar of Patents and Designs. The application can be submitted by the applicant or their agent. The application must be in English. If the application is submitted by an agent, the applicant must also submit a power of attorney authorizing the agent to act on their behalf. The power of attorney must be signed by the applicant.
Patent Application Requirements
A patent application must contain the following information:
- Applicant Information: The applicant’s full name and address, and if the address is outside Nigeria, an address for service in Nigeria.
- Description of the Invention: The application must include a description of the invention, including any appropriate plans and drawings. The description should be clear and complete enough that a person skilled in the art or field of knowledge to which the invention relates would be able to use or reproduce the invention.
- Claims: The application must contain one or more claims that define the scope of protection sought for the invention. Each application shall relate to only one invention.
- Prescribed Fees: The application must be accompanied by the prescribed fees, as determined by the Registrar of Patents and Designs.
- Declaration by True Inventor: In cases where the inventor is not an employee of the applicant, the application must be accompanied by a declaration by the true inventor supplying their name and address and requesting to be acknowledged as such in the patent. If the inventor is not an employee of the applicant, the applicant must also submit a Deed of Assignment transferring all patent rights to the applicant.
Foreign Priority
If an applicant wants to claim foreign priority for their patent application, they must have filed a patent application for the same invention in a country outside Nigeria. The applicant must include the following information in their Nigerian application:
- The date and number of the earlier application
- The country in which the earlier application was made
- The name of the person who made the earlier application
The Nigerian application must be filed within 12 months of the date of the earlier foreign application.
Patent Examination
The patent application will be examined to ensure that it satisfies the formal requirements of the Patents and Designs Act. The examination will not consider:
- Whether the subject of the application is patentable.
- Whether the description and claims satisfy the requirements of the Patents and Designs Act.
- Whether a prior application, or an application benefiting from a foreign priority, has been made in Nigeria in respect of the same invention.
If the application satisfies the formal requirements, the patent will be granted without further examination. Patents are granted at the risk of the patentee and without guarantee of their validity. This lack of substantive examination is due in part to the shortage of qualified patent examiners in Nigeria.
Grant of Patent
Once a patent has been granted, the Registrar of Patents and Designs will issue a certificate to the patentee. The certificate will contain the following information:
- The number of the patent in the order of grant
- The name and address of the patentee and, if that address is outside Nigeria, an address for service in Nigeria
- The title of the invention
- The date of the filing of the application, or if foreign priority was validly claimed, the date of the filing of the application on which that claim was based
- If foreign priority was claimed and has been allowed, a mention of that fact and the number and date of the relevant application and the name of the country where it was made
Duration of Patent
A patent in Nigeria is valid for 20 years from the date of filing the application. The patent can be renewed for further periods of 14 years. If the annual renewal fees are not paid, the patent lapses after a grace period of six months and cannot be revived.
Challenges
As mentioned above, the process of obtaining a patent in Nigeria is not without its challenges. One of the biggest challenges is the lack of substantive examination of patent applications. This means that patents are often granted without any guarantee of their validity. This can lead to uncertainty for both patent holders and potential licensees.
Another challenge is the lack of an automated patent registry system. All matters relating to searches, acknowledgments, acceptances, and registration are dealt with manually. This can lead to delays and inefficiencies. The patent registry also does not compile or publish data on patent activity, making it difficult to track trends and assess the effectiveness of the patent system.
Finally, the lack of criminal sanctions for patent infringement is also a challenge. This makes it difficult to deter infringement and enforce patent rights.
Despite these challenges, obtaining a patent in Nigeria can be a valuable way to protect an invention. Companies should be aware of the challenges and work with experienced legal counsel to navigate the patent system.