How to register a patent in Nigeria | Adedunmade Onibokun

How to register a patent in Nigeria | Adedunmade Onibokun

A Patent is an official
right to be the only person to make, use or sell a product or an invention. The
essence of a patent is to protect inventors by ensuring they get due
recognition and compensation for their efforts in inventing. A patent usually
covers new and ground breaking inventions which could be in any industry and
not necessarily in the sciences alone.

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

 a)     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
     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 other acts mentioned

That’s why various
governments have made it a point of duty to support and protect the rights of
inventors through patents. In Nigeria, a patent is registerable at the Ministry
of Trade and Investment located in Abuja.

The application for patent
registration begins with a search to ascertain whether such innovation or
invention had been created by another person in the past. This is then followed
by an application for registration. The Applicant must include other vital
information such as; the applicant’s full name and address; a specification,
including a claim or claims in duplicate; plans and drawings, if any, in
duplicate; where appropriate, a declaration signed by the true inventor
requesting that he be mentioned as such in the patent and giving his name and
address; a signed power of attorney or authorization of agent if the
application is made by an agent; an address for service in Nigeria if the
applicant’s address is outside Nigeria; and The prescribed fee.

It is important to note
that a patent shall stay valid for 20 years, after which other manufacturers
may have access to the creation or be legally able to create another version in
itself.  An inventor who has registered a
patent in another country can also re-register the patent in Nigeria. Such
inventor will be requested to append to his application a written declaration
showing the date and number of the earlier application, the country in which
the earlier application was made, and the name of the applicant who made the
earlier application. The applicant will be expected to furnish the Registrar,
not more than three months after the making of the application in the initial country
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.

A patent shall also lapse
if the prescribed annual fees are not duly paid in respect of it, provided that
a grace period of six (6) months shall be allowed for the payment of the fees;
and if the fees and the prescribed surcharge are paid within that period, the
patent shall continue as if the fees had been duly paid.

Many inventors have not
had the benefit of registering their inventions. This may result in a loss of
ownership by these inventors or a situation where the invention is registered
by someone else who is not the rightful creator of that invention.

If you have any enquires about
registering a patent or trademark in Nigeria. You may contact the undersigned
or via

Adedunmade Onibokun & Co.
Solicitors & Advocates


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