WHAT IS A PATENT

A patent is a government license that confers an exclusive legal right for a specified period. It gives the sole right to exclude others from making, using, or selling an invention in the country it is obtained. Patent protects an invention that provides a new and inventive technical solution to a problem.

LAWS REGULATING PATENT IN NIGERIA

  1. The Patents and Designs Act Cap P2 LFN 2004 (The Act): The substantive legislation on patents and designs in Nigeria.
  2. 1971 Patents Rules: This is the principal procedural guideline for the Patents Registry on the registration of patents.

STATUTORY INVENTOR

The right to a patent in respect of an invention is vested in the “statutory inventor”. Who is a statutory inventor? By section 2 of the act, a statutory inventor is person who whether or not he is the true inventor is the first to file a patent application or validly claim a foreign priority for a work.

  • Multiple persons involved in the work of an invention may apply jointly for a patent right.
  • A person who merely aided without contributing any inventive activity is not an inventor.
  • Invention made in the course of employment or in the execution of a contract for the performance is vested in the employer/contractor.

PATENTABLE INVENTIONS – Sections 1 & 2 of the Act.

  • Patentable inventions are inventions that are new, or inventions that constitute an improvement upon a patented invention that is new or inventions that result from an inventive activity that is capable of industrial application (an invention is capable of industrial application if that invention can be manufactured or used in any kind of industry, including agriculture)
  • Plant varieties, animal species and essentially biological processes for the breeding plants or animals, other than microbiological processes and products. Section 1 (4)
  • Inventions contrary to public order or morality.
  • In addition to the above, the African Intellectual property organization (AIPO) excludes the following: Computer programs, Literary, architectural and artistic works, aesthetic creations, Discoveries, scientific theories and mathematical methods, Schemes, rules and methods for doing business etc. Nigeria is not a member of the AIPO, however, shares similar unpatentable inventions with AIPO.

WHO CAN REGISTER A PATENT?

  • Only accredited persons or companies can register patents on behalf of inventors in Nigeria.
  • The grant of patents is vested in Trademarks, Patents and Designs Registry, Commercial Law Department, Federal Ministry of Industry, Trade and Investment. All applications are made to the Registrar of Designs & Patents.

BENEFITS OF REGISTERING A PATENT

  • A patent holder possesses the right to stop others from using his/her registered invention.
  • A patent gives the patent holder the right to permit, grant a license to use or sell such invention. This provides an important source of revenue for business.
  • A patent also gives the patent holder the right to bring a legal action against anyone who infringes on the registered invention, make claim for damages, injunctive relief, etc.

FOREIGN PRIORITY

  • Foreign priority applies where an application for a patent made in another country is subsequently made in Nigeria.
  • If an applicant has an application claiming foreign priority on the basis of an earlier application to register the patent made in a foreign country, such will be registered in Nigeria if the Nigerian application is made within 12 months of the making of the earlier application in the foreign convention country. The application will be treated as having been made on the same date on which the foreign application was made. Foreign priority is only accorded to convention countries.

SET BACKS

  • The 1971 Patent Act is no longer considered capable of meeting current needs of Nigerians regarding the protection of their intellectual property rights, Software cannot be registered, The Act failed to grant patents to some inventions: I.e. inventions on plants, animal varieties, biological processes for the production of plants or animals, except microbiological processes and their product., Absence of definite timelines causing administrative delay. These exempted aspects of the law have caused setbacks in the areas of medical, agricultural and technological advancement in the economy.

REFERENCES

  • https://www.mondaq.com/nigeria/paten t/703362/registration-of-patent-innigeria
  • https://www.lexology.com/library/detail .aspx?g=f0321f8b-0da4-4480-b424ca31ca894726
  • https://www.mondaq.com/Nigeria/Intel lectual-Property/855398/PatentRegistration-In-Nigeria
  • http://www.iponigeria.com/#/
  • https://www.wipo.int/ipoutreach/en/ipday/2017/ipday2017_qu iz.html
  • https://www.mondaq.com/nigeria/paten t/729250/patent-infringement-innigeria–when-can-it-be-excused
  • https://gravitasreview.com.ng/shop/reth inking-non-patentable-inventions-undernigerian-law/
  • https://www.mondaq.com/nigeria/trade mark/493566/securing-internationalintellectual-property-rights-protectionover-nigerian-information-andcommunication-technology-products-part-2
  • http://www.nigerianlawguru.com/articles /intellectual%20property%20law/AN% 20OVERVIEW%20OF%20THE%20 LAW%20OF%20PATENTS%20IN% 20NIGERIA.pdf
  • https://www.wipo.int/export/sites/ww w/scp/en/national_laws/exclusions.pdf