• 2024-03-28

The Requirements for Patent Registration in Nigeria

Requirements for registration of a patent in Nigeria are:

1. A request for a patent with the applicant's full name and address. The applicant must have an address within Nigeria.
2. Title of Invention
3. Original copy of Power of Attorney signed by the applicant authorizing the agent to file the application on his/ her behalf if the application is made through an agent.
4. The set of claims;
5. A comprehensive description of the invention with drawings, detailing its novelty
6. Plans and drawings, if any, in duplicate.
7.  A declaration by the true inventor where applicable.
8. Priority application details- A certified copy of the Priority Document together with a sworn English translation; 
9. Proof of payment of the corresponding fees.

After submitting the application, additional information, where need be, may be requested by the examining officer.

Where an application for a patent grant for an invention has been made in another country; and subsequently a corresponding application is made in Nigeria for that same invention, the application in Nigeria shall be treated as though same had been made on the date when the earlier application in that other country was made. In a situation where a person had filed for patent grant in another country and later files for same in Nigeria and another person in Nigeria files for Patent on same invention, the foreign application, if filed first,  will take priority over the subsequent application of the other person in Nigeria, even if this other person's application in Nigeria was filed first.

Once the application is filed, it is examined to ensure that it meets the requirements for patentability by the Registrar and to ascertain that the application has met the formal compliance.

Criteria for Patent Registration in Nigeria

For an invention to be eligible for a patent, it must meet the following criteria:

1. The invention must be new.
2. It should involve inventive steps and not be a copy of an existing invention.
3. It should be helpful and applicable to your industry.
4. It shouldn’t be among those excluded by the Patent Act such as inventions which may inspire aggressive or immoral conduct.

N/B : 1. Foreigners can file for patent in Nigeria but must have an address of service in Nigeria.

         2. An applicant can only apply for a patent for one invention, but the claim(s) can include many processes or products.

You have an invention that you want to protect and have exclusive right to in Nigeria? Get in touch with us @ LegalEpp.