There
are great opportunities for investment in this country. We are endowed
with abundant raw materials and potentials for technological
development.
An intellectual idea when it culminates
into an invention can be protected by obtaining a patent. Patents are
granted to inventors to encourage industrial and technological growth
and deter others from exploiting or usurping the rights of the patentee.
A Patent is a certificate granting
exclusive rights to the owner of invention for the use or exploitation
of his/her work. To be patentable the invention must satisfy basic
requirements. These are:
Novelty- it must be new and not known in the body of existing knowledge. This body of existing knowledge is called the “prior art”
Inventiveness- it must show an inventive step and be non-obvious to an ordinary person skilled in the field of knowledge
Industrial applicability- it
must be capable of industrial application. This determines the
usefulness. An invention is capable of industrial application if it can
be manufactured or used in any kind of industry, including agriculture
The Nigerian Patent law requires that an
invention to be patentable should not have been previously used or
known in Nigeria or elsewhere before the date of the application, must
be industrially inclined, there should be a disclosure for a monopoly to
be granted or should constitute an improvement on a patented invention.
One therefore needs to conduct a novelty
search into existing patent specifications to establish the newness of
an invention to determine the newness and prevent future litigation
arising from infringement.
Patents consist of those of Nigerian
origin and convention applications/patents whereby a priority document
would have been filed in the country of origin. Nigeria is a signatory
to the Paris Convention for the protection of industrial property.
An application for the grant of a Patent in a convention country has
the same priority as if the application was made in Nigeria at the
application date. “Convention Countries” are listed in Patents and
Designs Law.
To obtain a patent one has to file a
patent application that includes a detailed description with relevant
plans and drawings, claims that define the specific elements to be
protected, a formal inventor’s declaration and the required filing fee
to The Registrar of Patents and Designs, Registry of Trademarks, Patents
and Designs, Federal Ministry of Commerce and Industry, Abuja. No. 5
Ndola Crescent, Wuse Zone 5, Abuja Telephone 234-314 5473, 234-9-671 5691-2 Email: iponigeria@yahoo.com kandibrah@yahoo.com
The Applicant may be the inventor or his
Assignee who may be an individual or a corporation. The rights to a
patent are vested in the statutory inventor, the person who is the first
to file and register or validly claim a foreign priority for a patent
application in respect of the invention.
The right conferred by the grant is to
exclude others from making, selling or working the invention and to
deter others from commercial use of the invention without authorization
from the patentee. The patentee can choose to manufacture and sell the
invention or can license another person to do so.
By this system, an inventor is rewarded
with a temporary monopoly for discovering or improving a process or an
article and disclosing it in form of a patent. A patent has a term of
twenty years from the date of filing subject to the payment of the
maintenance fee as prescribed by law. It is renewable annually and late
renewal can be done within six months subject to a penalty.
Patent documents can be accessed through
the Patent Information and Documentation Centre (PIDC) at the National
Office for Technology Acquisition and Promotion (NOTAP) Plot 168 Cotonou
Crescent, Wuse Zone 6, Abuja. NOTAP maintains a comprehensive depository of technology information in patent documents available globally.
Information on indigenous research
results can be obtained from NOTAP’s publications such as the Industrial
Project Profiles, Compendium of Research Results and Inventions stored
in the database in the office. NOTAP publications can be purchased from
the Head office at 1, Blantyre Street, off Adetokunbo Ademola, Wuse 2,
Abuja.
NOTAP can assist in facilitating the
filing and grant of patent application. It assists in filling patent
application free of charge but you have to complete the relevant forms
which are available at the Office and supply the required information
about the inventionPatenting Inventions through NOTAP
The National Office has been mandated to
assist in the patenting of all inventions and innovations carried out by
government funded Research Institutes and others in the Private sector.
In doing this, NOTAP through its information network provides the
following services:
(i.) Link the inventors with Patent Offices allover the world
(ii.) Assist inventors in drafting patent applications covering the invention in question.
(iii.) Process patent application through Industrial Property Offices.
The modern Nigerian law on patent is governed by the Patents and Design Acts Cap. 344 of the law of the Federation of Nigeria 1990(Act of 1970).It is administered by the Registrar of patent, trademark and industrial design which is under the umbrella of the Federal Ministry of Commerce, Abuja.
The law provides that a patent may be granted for an invention that:
Get the Patent form Here"
application will complete (form IB),a written declaration showing:
Procedure for Patent Registration
Whether an invention is a product or process, the same registration procedure is adopted. Application for the grant of patent is made to the registrar of Patent and Industrial designs which is under the Federal Ministry of Commerce, Abuja. The application consists of:
(i.) Link the inventors with Patent Offices allover the world
(ii.) Assist inventors in drafting patent applications covering the invention in question.
(iii.) Process patent application through Industrial Property Offices.
The modern Nigerian law on patent is governed by the Patents and Design Acts Cap. 344 of the law of the Federation of Nigeria 1990(Act of 1970).It is administered by the Registrar of patent, trademark and industrial design which is under the umbrella of the Federal Ministry of Commerce, Abuja.
The law provides that a patent may be granted for an invention that:
Get the Patent form Here"
- is new
- involves an inventive step (not obvious)
- is capable of industrial application (useful)
- is not specifically excluded in the Act (e.g inventions the publication of which may encourage immoral and offensive behaviour)
- An address for service in Nigeria if the applicant's address is outside Nigeria.
- An application must date only to one invention but may cover claims for any number of products or processes.
application will complete (form IB),a written declaration showing:
- The date and the number of the earlier application:
- The country in which such application was made ;and
- The name of the person who made it.
Procedure for Patent Registration
Whether an invention is a product or process, the same registration procedure is adopted. Application for the grant of patent is made to the registrar of Patent and Industrial designs which is under the Federal Ministry of Commerce, Abuja. The application consists of:
- A petition or request for a patent with the applicant’s full name and address (form 1A)
- A signed power of attorney authorization of agent if the application is made by an agent (form 2)
- A specification including a claim or claims in duplicate (form 3)
- Plans and drawings if any in duplicate.
- A declaration by the true inventor where applicable
