A patent gives its owner the exclusive right to make, import, sell or use an invention in Nigeria for up to 20 years. Without one, anyone can copy your product or process once it is on the market. Patents in Nigeria are governed by the Patents and Designs Act and granted by the Patents and Designs Registry in Abuja.
Our patent registration lawyers act for Nigerian inventors and businesses protecting their innovations at home, and for foreign companies extending their patents to Nigeria. The same team handles the application, the renewals and, if needed, the court action against infringers.
Who we act for
- Inventors and start-ups protecting a new product or process
- Universities and research institutions protecting and licensing their research
- Manufacturers and pharmaceutical companies protecting products and processes
- Foreign companies and patent attorneys filing in Nigeria, through the PCT or the Paris Convention
- Investors who need to confirm what a target company's patents actually protect
What can be patented in Nigeria
An invention can be patented if it:
- Is new: it has not been made available to the public anywhere in the world before the filing or priority date
- Results from inventive activity: it is not obvious to someone skilled in the field
- Is capable of industrial application: it can be made or used in any kind of industry, including agriculture
An improvement on a patented invention can also be patented if it meets these tests. Some things cannot be patented, including plant or animal varieties, essentially biological processes, scientific principles and discoveries, and inventions contrary to public order or morality.
Because novelty is judged worldwide, publishing, presenting or selling your invention before you file can destroy your right to a patent. Speak to a patent lawyer before you disclose it.
How to register a patent in Nigeria
1. Patentability search and advice
We search the Registry's records and international patent databases to check whether the invention is new, and advise on whether a patent, an industrial design, copyright or keeping it as a trade secret gives you the best protection.
2. Drafting the specification and claims
The specification describes the invention and the claims define exactly what the patent protects. The claims decide what you can stop others from doing, so they are drafted to cover your invention and the obvious ways around it.
3. Filing the application
We file the application at the Patents and Designs Registry with the specification, claims and drawings, the applicant's details, the inventor's declaration where the applicant is not the inventor, a power of attorney and the official fees. Applicants based outside Nigeria file through a Nigerian agent, which we act as.
4. Examination and grant
The Registry examines the application for compliance with the formal requirements. It does not carry out a full examination of novelty, which makes registration in Nigeria faster than in many countries. It also means a granted patent can be challenged in court, so careful drafting at the start matters.
5. After grant
We record the patent, diarise the annual renewal fees and record any later assignments, licences or changes of ownership.
PCT national phase and foreign applications
Nigeria is a member of the Patent Cooperation Treaty (PCT) and the Paris Convention.
- PCT national phase: an international PCT application can enter the Nigerian national phase within 30 months of the priority date, keeping the original priority date.
- Paris Convention priority: an applicant who filed first in another member country can file in Nigeria within 12 months and claim that earlier date.
- Documents: we tell foreign applicants which documents are needed, including certified priority documents, assignments and the power of attorney, and file on receipt of instructions so deadlines are not missed.
Patent renewals
A Nigerian patent lasts for 20 years from the filing date, provided the annual fees are paid. A patent can lapse if the fees are not paid on time. We manage renewal deadlines for every patent we handle, and take over existing portfolios from other agents.
Patent enforcement and disputes
Patent disputes are heard by the Federal High Court. We act for patent owners against infringers, seeking injunctions, damages or an account of profits, and for businesses accused of infringement, including challenges to the validity of the patent. Before you launch a product, we can check whether it infringes patents held by others in Nigeria.
Licensing and commercialising patents
A patent earns money when it is used. We draft patent licences and assignments, advise on employee and commissioned inventions, and register technology transfer agreements with NOTAP, which is needed before royalties can be paid out of Nigeria. See IP licensing and commercialisation.
Patent lawyers in Lagos and Abuja
The Patents and Designs Registry is in Abuja, where our Wuse 2 office files applications and follows them up in person. Our Lagos office in Lekki works with the manufacturers, technology companies and investors based in Lagos. Patent disputes are brought at the Federal High Court in either city.
Fees
We quote a fixed fee for each patent application once we have seen a description of the invention, with official Registry fees charged at cost. Drafting, renewals and enforcement are quoted separately, so you know the cost of each stage before it starts.
