As an inventor or creator of how do you ensure that you get rewarded for your hard work and creativity? The answer is by obtaining a patent.
A patent is a legal document that gives you the exclusive right to make, use, and sell your invention for a certain period. It also prevents others from making, using, or selling your invention without your permission[i]. By obtaining a patent, you can secure your intellectual property rights and enjoy various benefits. This is however territorial as you must register a patent in a country or territory to enjoy exclusive rights over your invention there.
In this article, we’ll provide you with a complete guide to patents in Nigeria. We’ll explain what patents are, why you need them, and how to get them. We’ll also cover the benefits, requirements, costs, duration, challenges, and opportunities of obtaining a patent in Nigeria.
By reading this article, you’ll learn everything you need to know about protecting your invention in Nigeria with patents.
Contents
What are the Benefits of Obtaining a Patent?
What are the Requirements for Obtaining a Patent in Nigeria?
How to Register a Patent in Nigeria?
Full Costs of Patent Registration in Nigeria
How Long Does It Take to Obtain a Patent in Nigeria?
What are the Benefits of Obtaining a Patent?
Obtaining a patent has several benefits for inventors and entrepreneurs in Nigeria. Some of these benefits are:
- Exclusive Rights: A patent gives you the exclusive right to make, use, and sell your invention in Nigeria. This means that you can prevent others from exploiting your invention without your consent. You can also license or sell your patent rights to others for revenue.
- Monopoly: A patent gives you a monopoly over your invention for a certain period. This means that you can enjoy a competitive advantage over your rivals and charge higher prices for your products or services.
- Revenue: You can generate revenue from your patent by licensing or selling it to others who want to use your invention. You can also use your patent as collateral for loans or investments.
- Protection: A patent protects your invention from being copied by others. If someone infringes your patent, you can sue them for damages or injunctions. You can also use your patent as evidence of your ownership and contribution to your invention.
- Recognition: A patent can enhance your reputation and credibility as an inventor or entrepreneur. It can also increase your visibility and exposure in the market. You can use your patent to attract customers, partners, investors, or media attention.
According to the World Intellectual Property Organization (WIPO), Nigeria ranked 95th out of 129 countries in the Global Innovation Index 2021. This shows that there is a lot of room for improvement and innovation in Nigeria. By obtaining a patent, you can contribute to the development and growth of the Nigerian economy and society.
What are the Requirements for Obtaining a Patent in Nigeria?
To obtain a patent in Nigeria, you need to meet certain requirements. These requirements are based on the Patents and Design Acts Cap. 344 of the law of the Federation of Nigeria 1990 (Act of 1970). The Act is the principal patent law in Nigeria, and it is administered by the Registrar of Patents, Trademarks, and Industrial Designs under the Federal Ministry of Industry, Trade, and Investment.
The Act provides that a patent may be granted for an invention that:
- Is new: This means that your invention must not have been disclosed to the public before the date of filing your patent application. It must also not be identical or similar to any existing invention.
- Involves an inventive step: This means that your invention must not be obvious to a person skilled in the art or field of your invention. It must involve some technical improvement or advancement over the existing knowledge or practice.
- Is capable of industrial application: This means that your invention must be useful and practical. It must be able to be made or used in any kind of industry, including agriculture, commerce, or services.
- Is not specifically excluded in the Act: The Act excludes certain inventions from being patented, such as inventions that are contrary to public order, morality, or security; inventions that are mere discoveries, scientific theories, or mathematical methods; inventions that are schemes, rules, or methods for performing mental acts, playing games, or doing business; inventions that are computer programs; and inventions that are presentations of information .
These requirements are also known as the criteria of patentability. You need to demonstrate that your invention meets these criteria in order to obtain a patent in Nigeria.
How to Register a Patent in Nigeria?
For patent registration in Nigeria, you need to follow these steps:
- File an application: You need to file an application with the Registrar of Patents, Trademarks, and Industrial Designs. You can file your application online through the Nigerian Intellectual Property Office (NIPO) portal or offline at the NIPO office in Abuja. You need to provide the following documents and information for your application:
- A request for grant of a patent
- A description of your invention
- One or more claims defining your invention.
- Any drawings or diagrams illustrating your invention.
- An abstract summarizing your invention.
- Your name and address
- An address for service in Nigeria if you are not resident in Nigeria.
- A declaration of inventorship if you are not the inventor.
- A priority document if you are claiming priority from an earlier application filed in another country.
- A power of attorney if you are represented by an agent.
Pay fees: You need to pay the official fees for filing your application. The fees vary depending on the type and number of claims you make. The current fees are as follows:
- Filing fee: N10,000 for one claim plus N2,000 for each additional claim
- Acceptance fee: N15,000
- Publication fee: N5,000
- Certificate fee: N10,000
Altogether, the official fees per application are about $80. However, that’s not all the cost.
Full Cost of Patent Registration in Nigeria
In addition to the official fees, there is the cost of the professional services for the attorney you engaged to help with the process. The amount the attorney charges varies depending on the complexity of the invention and the patent attorney involved. Nigerian patent attorneys charge between N450,000 – 1,400,000 ($600 to $1,500) for professional fees and other related expenses. Click here to chat with us if you have an invention to patent
- Publish your application: After filing your application and paying the fees, your application will be published in the Nigerian Patents Journal within six months. This is to allow anyone who may have an interest or objection to your application to file an opposition within two months from the date of publication.
- Obtain a certificate: If no opposition is filed against your application within two months from the date of publication, or if any opposition is resolved in your favour, you will be granted a certificate of registration by the Registrar. This certificate will confirm that you have obtained a patent for your invention in Nigeria.
You can file your application yourself or through an accredited agent. An accredited agent is a person or company that is authorized by the Registrar to act on behalf of applicants for patents. Our law firm, offers patent registration services in Nigeria, click here to reach us on WhatsApp for your patent registration.
How Long Does It Take to Obtain a Patent in Nigeria?
It takes an average of 6 months from filing to granting of a patent in Nigeria.
Conclusion
Patents are valuable assets for inventors and entrepreneurs in Nigeria. They can help you protect your invention, enjoy exclusive rights, generate revenue, and gain recognition. However, obtaining a patent in Nigeria requires meeting certain requirements, following certain procedures, paying certain fees, and overcoming certain challenges. In this article, we have provided you with a complete guide to patents in Nigeria, covering the benefits, requirements, costs, duration, challenges, and opportunities of obtaining and enforcing your intellectual property rights. We hope that this article has helped you understand the importance and process of patents in Nigeria.
If you have any questions or comments about patents in Nigeria, please feel free to share them with us below. We would love to hear from you. Thank you for reading!
If you need a patent attorney in Nigeria, click here to have a chat with one of our lawyers
FAQs
Here are some frequently asked questions about patents in Nigeria:
- Who can register a patent in Nigeria? Only accredited individuals/companies can register patents on behalf of inventors.
- What are the criteria for registering a patent in Nigeria? The criteria for registering a patent in Nigeria include novelty, industrial application, public policy, and morality, and one invention per registration.
- How long does a patent last in Nigeria? The validity term of a patent is 20 years from the date of filing of the application.
- What is the official language for patent proceedings in Nigeria? The official language of the proceedings before the Nigerian IP Office is[ii] English. All application documents must be translated into English at the time of filing.
- What is the role of accredited agents in patent registration? Accredited agents are authorized by the Registrar to act on behalf of applicants for patents. They can assist with filing applications, paying fees, publishing applications, and obtaining certificates.
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[i] From Idea to Reality: Where Can I Submit an Invention Idea?, https://brilliantio.com/where-can-i-submit-an-invention-idea/.
[ii] IP Guide | PATENT in Nigeria| Patent registration in Nigeria – cost …, https://www.ip-coster.com/IPGuides/patent-nigeria.
