There are a number of challenges that impede the development of patent rights in Nigeria. These include: Lack of Expert Patent Examiners: There is a shortage of qualified patent examiners who possess the necessary expertise in science, engineering, and technology to effectively evaluate patent applications. Consequently, examiners in Nigeria primarily conduct cursory searches for prior art, leading to the possibility of patents being granted for inventions that are already in the public domain. This situation […]

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 […]

Under the Nigerian Patents and Designs Act (PDA), a compulsory license can be granted to a third party without the consent of the patent holder in certain circumstances. The minimum time period after the filing of a patent application before a person can apply for a compulsory license is: Four years from the date of filing the patent application, or Three years from the date the patent was granted, whichever period expires last. However, even […]

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 […]

The Nigerian Patents and Designs Act (PDA) lays out specific conditions that an invention must satisfy to be considered patentable. These requirements, as described in the this article, center around the concepts of novelty, inventive activity, and industrial applicability. Novelty: The invention must be new. This means it must not form part of the “state of the art,” which encompasses all knowledge that has been made available to the public, whether in writing or orally, […]