Patent registration protection in Nigeria

Nigeria is the most populous country in Africa and has the largest economy on the continent, with a lot of potential for patent development in various fields. Nigeria has a large area of agricultural land and a diverse climate, which facilitates the development of new agricultural technologies such as smart irrigation systems, organic fertilizers, high-yielding crop varieties, and pest resistance. Inventions on post-harvest processing of agricultural products such as preservation, packaging, and processing into value-added products will help minimize post-harvest losses and improve the value of agricultural products. Nigeria has great potential for solar, wind, and hydropower. Innovations in renewable energy technologies such as solar batteries, wind turbines and energy storage systems will contribute to diversifying energy supply and reducing environmental pollution. Given the large amount of domestic and industrial waste, the development of waste-to-energy technologies can provide significant economic and environmental benefits. Nigeria has a thriving tech start-up community, with a focus on developing software and mobile applications that cater to domestic and international needs. The financial technology (fintech) industry is booming in Nigeria, with many inventions in mobile payments, digital banking, peer-to-peer lending, and other financial solutions. To promote patent activity, Nigeria needs to improve its intellectual property system, increase investment in research and development, and create a conducive environment for inventors and start-ups. Viet An Law would like to guide clients through the preliminary procedures for patent registration in Nigeria through the following article.

Legal Basis

• Patent and Design Law (Chapter 344)

Definition of Invention in Nigeria

In Nigeria, a patent is an exclusive right granted to an invention, which is a product or process that provides, in general, a new way to do something, or offers a new technical solution to a problem.

Conditions for registering a patent in Nigeria

• Novelty: The invention must be new, which means that it has never been publicly available anywhere in the world before the filing date or priority date of the patent application.
• Innovative progression: The invention must not be obvious to a person who has expertise in the technical field at the time of filing or the priority date of the application, with an existing technical qualification in that field.
• Industrial Applicability: The invention must be able to be created or used in any type of industry.

Types of Patents Registrable in Nigeria

• Invention Patents: This is the most common type of patent granted to new products or processes that are innovative and have industrial applications. This includes machinery, manufactured goods, material components, and processes.
• Improvement Patent: This type of patent is granted for an improvement on an existing patented invention. The innovation itself must be new, unclear, and applicable in industry.

Filing for registration of a patent in Nigeria

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Registering Patents in Nigeria through the PCT System

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Nigeria.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file a patent application, please contact Viet An Law for the most effective support.