How Can I ensure that my patent is adequately protected under Nigerian Law

All patentable invention must be registered by the Trademark, Patent and Design Registry in Nigeria. This article discusses how to register a patent in Nigeria, assignment of patent in Nigeria and other FAQs on registration of patent in Nigeria

Patent like trademark registration is one of the forms of protecting your intellectual property. Patent is a right given to an inventor that permits the inventor to exclude others from making, selling or using the invention for a period of time. The patent system is designed to encourage inventions that are unique and useful to the society.

REQUIREMENT FOR PATENT REGISTRATION

New invention and improvements are patentable. Inventions such as processes, machines, compositions of matter as well as any improvements made to them are patentable. As a matter of law, a patent must be new, useful and non-obvious.

ASSIGNMENT OF PATENT IN NIGERIA

Patent rights like any other property right can be assigned during the validity period which is a duration of 20years. The rights granted by registration of patent such as Right to prevent others from making, selling using or importing the patented invention are assignable under Nigerian Law.

Patent is different from other forms of Intellectual property, find out more about Trademarks here

HOW TO REGISTER PATENT 

Patents must be registered. There is no legal protection without registration. Failure to register puts the inventor at a loss. If a patent is not registered, independent invention or discovery of the same invention can be patented. There are 3 general requirements for registering a patent: 

The invention must be:

1. novel, 
2. useful, and 
3. must show ingenuity (i.e. not be obvious). 

The Regulatory agency that manages the grant of patents is the Trademarks, Patents and Designs Registry, Commercial Law Department, Federal Ministry of Industry, Trade and Investment.

For every patent application made in Nigeria, the following accompanying documents must be submitted at the Trademark, Patent and Design Registry:

1. Petition or request for a patent signed by the applicant or  agent and containing the applicant’s full name and address; 
2. a specification, including a claim or claims in duplicate; 
3. plans and drawings, if any, in duplicate; 
4. a declaration signed by the true inventor requesting that applicant be mentioned as such in the patent and giving name and address (where applicable);
5. a signed power of attorney or authorization of agent if the application is made by an agent; and
6. an address for service in Nigeria if the applicant’s address is outside Nigeria.

Where the applicant for a patent seeks to take advantage of a foreign priority in respect of an earlier application made in a country outside Nigeria, written declaration showing the following is required:

1. the date and number of the earlier application,
2. the country in which the earlier application was made, 
3. the name of the person who made the earlier application; and

Applicant will also furnish the Registrar within not more than three months after making the application, with a copy of the earlier application certified correct by the Industrial Property Office (or its equivalent) in the country where the earlier application was made.

PATENT AND DESIGN REGISTRATION

An applicant for patent registration must ensure that the application is in line with the requirements provided above. The completed application should be filed at the Trademark, Patent and Design Registry where all documents will be verified to ensure correctness and accuracy.

The Registrar will confirm every patent application and ensure that is in line with the requirement, non-compliance will lead to the application been rejected. Also, a patent application is applicable to only one invention which in turn may apply to many products, where the applicant makes one application for more than one invention, applicant will be invited by the Registrar to restrict the application to reflect only one application.

Where the verification has been successfully carried, and it shows that the requirements have been complied with, the patent shall be granted as applied for. A patent shall be granted to the patentee in form of a document containing the following documents:

1. the number of the patent in the order of grant;
2. the name and address of the patentee and, if that address is outside Nigeria, an address for service in Nigeria;
3. the dates of the patent application and the grant;
4. if foreign priority is claimed: an indication of the fact, and the number and date of the application on which the claim is based and the name of the country where it was made;
5.  the description of the invention (with any relevant plans and drawings) and the claims; and
6. where appropriate, the name and address of the true inventor.

Upon successful registration, the Registrar will include the details in the Register of Patents, and same details will be published to serve as notification to the public.

EFFECT OF PATENT REGISTRATION IN NIGERIA

A registered patent confers upon the patentee the right to preclude any other person from doing any of the following acts-

1. where the patent has been granted in respect of a product, the act of making, importing, selling or using the product, or stocking it for the purpose of sale or use; and
2. where the patent has been granted in respect of a process, the act of applying the process or doing, in respect of a product obtained directly by means of the process, any of the acts mentioned in paragraph (a) of this subsection.

The scope of the protection conferred by a patent shall be determined by the terms of the claims; and the description (and the plans and drawings, if any) included in the patent which shall be used to interpret the claims.

PATENT INFRINGEMENT IN NIGERIA

Without assignment of right from the owner of a Patent, use in whatever form or nature is an infringement and prohibited. Every patent in Nigeria is valid for twenty years from the date of the filing of the relevant patent application. A patent may also become invalid if the prescribed annual fees are not duly paid, upon payment the patent becomes valid again as the dues have been duly paid.

SIDEBRIEF

We are a private one-stop shop that helps businesses and start-ups manage statutory and regulatory compliance, engage with regulators and stakeholders and automate recurrent compliance process. We understand that ease of doing business in Nigeria can be an illusion, but we are helping to change the narrative by letting businesses focus on their customers, whilst we focus on their compliance in Nigeria. We have the capacity to able assist you with registration of patents in Nigeria. We are also able to assist in procuring your courier license.

We are happy to discuss how we may help your business: –

Email: [email protected]

Phone: 09018081296

Address: 90 Olonode Street, Alagomeji, Yaba, Lagos State.