A patent is the exclusive right granted an Inventor for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
A patent grants the inventor a temporary but exclusive monopoly of the commercial exploitation of that invention. It gives the inventor the right to exclude others from making, using, or selling the claimed invention in that country without their consent, for the duration of the patent.
The law provides that a patent may be granted for an invention that:
- 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)
If you have a convention application, that is an application claiming priority on the basis of an earlier application to register the patent made in a foreign country.
By virtue of the patent and designs convention order 1971, which provides that if the Nigerian application is made within 12 months of the making of the earlier application in the foreign convention country, such application will be treated as having been made on the same date on which the corresponding foreign application was made.
An applicant seeking foreign priority to his 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.
Furthermore, not more than 3 months after filing the application, the applicant must furnish the Registrar with a copy of the earlier application, certified correct by the appropriate industrial property office of the foreign convention country.
Procedure for Application 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
After Examination, the patent application is examined by the Registrar merely to ascertain formal compliance. Once the application satisfies the statutory requirements as to the completion of form, payment of appropriate fees, it dates to only one invention, the Registrar is likely to grant the patent without enquiries to its novelty, inventiveness and industrial applicability or whether the specification sufficiently discloses the invention.
Cost of Filing a Patent Application in Nigeria
The cost of filing a Patent Application in Nigeria depends on the patent Legal Practitioner appointed for the registration.
At AffordableLaw, we charge $1100 per patent application.
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