Frequently Asked Questions About Patent in Nigeria

1. What is a patent?

A patent is a right granted by the government to an inventor to exclude others from making, using, selling, or importing the invention for a limited period.

2. What is the Patents and Designs Act (PDA)?

The PDA is the Nigerian law that governs the registration and protection of patents and designs.

4. What can be patented in Nigeria?

An invention can be patented in Nigeria if it is new, inventive, and capable of industrial application. Excluded from patentability are plant or animal varieties, biological processes for their production (except for microorganisms), and scientific principles and discoveries.

5. How do I file a patent application in Nigeria?

Patent applications can be filed electronically or manually with the Patents Registry. It is recommended to use an accredited agent to handle the process.

5. What is novelty in patent law?

Novelty means the invention was not publicly known or used before the patent application was filed.

6. What is inventive activity?

Inventive activity means the invention is not obvious to someone skilled in the relevant field.

7. What is industrial application?

Industrial application means the invention can be manufactured or used in any kind of industry, including agriculture.

8. Who can apply for a patent in Nigeria?

The inventor or someone who has acquired the rights from the inventor can apply for a patent.

9. What documents are required to file a patent application in Nigeria?

The required documents include the applicant’s details, a description of the invention with drawings (if any), claims defining the invention, and the prescribed fees.

10. How long does a patent last in Nigeria?

A patent in Nigeria lasts for 20 years from the filing date of the application.

11. What are the rights of a patent holder?

A patent holder has the exclusive right to make, use, sell, or import the invention.

12. Can someone else use a patented invention?

Yes, under certain circumstances. Compulsory licenses can be granted by a court to allow someone else to use the invention without the patent holder’s permission. This could be due to reasons like the patentee not working the invention in Nigeria or acting against public interest.

13. What are the grounds for granting a compulsory license?

A compulsory license may be granted if the patented invention is not being worked in Nigeria, the existing use is not enough to meet the demand, importation of the patented product is hindering its working in Nigeria, or the patentee refuses to grant licenses on reasonable terms.

14. Who can apply for a compulsory license?

Anyone can apply to court for a compulsory license after a certain period from the patent application or grant.

15. What are the conditions for granting a compulsory license?

The applicant must show they attempted to obtain a license from the patentee on reasonable terms and failed, and they have the capability to work the invention to address the deficiency that led to the application.

16. Can a patentee challenge a compulsory license?

Yes, the patentee can argue in court that their actions regarding the patent are justified.

17. Can a compulsory license be cancelled?

Yes, the patentee can apply to court to cancel a compulsory license if the licensee fails to comply with its terms or the conditions for granting it no longer exist.

18. Who can grant compulsory licenses for government use?

A Minister can authorize the use of a patented invention by a government agency if it is deemed to be in the public interest.

19. What are the rights of a compulsory licensee?

A compulsory licensee has the same rights as a patent holder except for importing the product and the license is non-exclusive.

20. Does a compulsory licensee have to pay the patentee?

No, unlike under international agreements, the PDA does not require compulsory licensees to pay royalties to the patentee.

21. What are some inventions that cannot be patented in Nigeria?

Inventions contrary to public order or morality, and plant or animal varieties, or essentially biological processes for their production (except microorganisms) cannot be patented.

22. What are the grounds for rejecting a patent application?

The application may be rejected if the invention is not new, inventive, or industrially applicable. Other reasons include failing to meet formal requirements or not properly defining the claims.

23. What happens after the patent expires?

Once the patent expires, the invention becomes public domain, and anyone can make, use, or sell it.

24. How does the PDA compare to international patent agreements?

Nigeria is a member of international agreements like the Paris Convention and the Patent Cooperation Treaty (PCT). The PDA is generally aligned with these agreements.

25. Is the PDA up to date with technological advancements?

The PDA was enacted in 1970 and may require updates to address emerging technologies like biotechnology and nanotechnology.

26. How can the Nigerian patent system be improved?

Modernizing the PDA, improving patent examination capacity, and promoting awareness about intellectual property rights are some ways to improve the system.

27. Where can I find more information about patents in Nigeria?

The Nigerian Patents Registry and the World Intellectual Property Organization (WIPO) are good resources for further information.

28. Why is patent protection important?

Patents provide inventors with an incentive to innovate by giving them exclusive rights to their inventions. This can lead to increased technological development and economic growth.

Have Questions? This guide provides a foundational understanding of patent in Nigeria. We encourage you to leave your specific questions in the comments below. Our team will be happy to address them and offer further insights.