OUR STORY
Quality, not quantity
We have made quality our habit. It’s not something that we just strive for – we live by this principle every day.
Essential Guide: What Are Patents and Who Issues Them?
Introduction
In the fast-paced world of innovation and creativity, the question “What are patents and who issues them?” is no longer just a curiosity—it’s a necessity for inventors, businesses, and legal professionals. Whether you’re creating a groundbreaking product or seeking to protect a new idea in Nigeria or beyond, understanding patents is key to securing your legal rights and reaping economic rewards.
In today’s innovation-driven landscape, understanding what are patents and who issues them is essential for entrepreneurs, inventors, and legal professionals. If you’re considering patent registration in Nigeria, this guide walks you through the full process—what a patent is, why it matters, and which authority handles the registration.
This article explores in detail what patents are, who issues them, how the patent system operates in Nigeria, the legal framework, and the global context of patent issuance. You’ll also learn why patents matter, how to apply for one, and how they empower inventors while protecting innovation.
Understanding Patents
A patent is an exclusive legal right granted to an inventor or their assignee, allowing them to prevent others from making, using, or selling an invention for a specific period, typically 20 years, in exchange for full public disclosure of the invention.
At its core, a patent provides monopoly protection, encouraging innovation by rewarding creators with control over the commercial use of their inventions.
Types of Patents
There are generally three types of patents recognized internationally:
Utility Patents – Cover new and useful inventions or discoveries (e.g., machinery, processes, or chemical compositions).
Design Patents – Protect the ornamental design of a functional item.
Plant Patents – Granted for the invention or discovery of a new and distinct variety of plant.
In Nigeria, patent law primarily focuses on utility patents, although some protection for design exists under industrial designs law.
Legal Framework and Patent Registration in Nigeria
In Nigeria, patents are regulated under:
The Patents and Designs Act, Cap P2, Laws of the Federation of Nigeria 2004.
The Industrial Property Office under the Trademarks, Patents and Designs Registry is responsible for patent administration.
The regulatory authority is under the supervision of the Federal Ministry of Industry, Trade, and Investment.
Who Issues Patents in Nigeria?
The Registrar of Patents at the Trademarks, Patents and Designs Registry (housed within the Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment) is the authority responsible for issuing patents in Nigeria.
It is important to note that the Corporate Affairs Commission (CAC) is not responsible for issuing patents; however, the CAC oversees the incorporation of companies which might hold patents.
Patentability Criteria in Nigeria
To be patentable, an invention must:
Be new (novelty)
Involve an inventive step (non-obviousness)
Be industrially applicable (useful)
Not fall within the excluded categories (e.g., scientific theories, mathematical methods)
Patent Application Process in Nigeria
Step 1: Prepare the Invention Documentation
Description of the invention
Claims (defining the scope)
Abstract
Drawings (if applicable)
Step 2: Engage a Registered Patent Attorney Applications must be filed through an accredited legal practitioner or patent attorney.
Step 3: File with the Registry Submit the application to the Trademarks, Patents and Designs Registry in Abuja.
Step 4: Formal Examination The Registry only conducts formal examination, not substantive examination (which is a drawback in comparison to jurisdictions like the USA or Europe).
Step 5: Grant of Patent Upon satisfying all requirements, the Registrar issues a Certificate of Registration, signifying the grant of the patent.
Duration and Renewal of Patents
A patent in Nigeria is valid for 20 years, subject to annual renewal fees. Failure to pay the renewal fee leads to lapse of the patent right.
Rights Conferred by a Patent
A patent holder has exclusive rights to:
Prevent unauthorized manufacture, use, sale, or distribution of the invention.
License or assign the patent to others.
Sue for infringement and obtain injunctive relief or damages.
Why Are Patents Important?
Economic Reward: Encourages R&D by giving inventors financial benefit.
Competitive Advantage: Provides a legal monopoly over the invention.
Public Disclosure: In exchange for monopoly, the inventor must disclose the workings of the invention, contributing to scientific progress.
Commercialization: Facilitates licensing, investment, and business growth.
Case Law Example: Patent Enforcement in Nigeria
Pfizer Inc. v. May & Baker Nigeria Ltd (2000) FHC/L/CS/129/99
In this case, Pfizer, a multinational pharmaceutical company, sued May & Baker for patent infringement involving the unauthorized production of an antibiotic. The court held that Pfizer’s patent was valid and enforceable in Nigeria, awarding an injunction and damages against the defendant.
This decision underscores the power and enforceability of patents within Nigeria’s legal framework.
International Patent Protection: The PCT System
If you’re wondering what are patents and who issues them beyond Nigeria, here’s what to know:
The Patent Cooperation Treaty (PCT)
Administered by the World Intellectual Property Organization (WIPO), the PCT allows inventors to seek patent protection in over 150 countries through a single international application.
This doesn’t grant a universal patent, but streamlines the process of applying in multiple jurisdictions.
Who Issues Patents Globally?
| Country | Patent Office |
|---|---|
| Nigeria | Trademarks, Patents and Designs Registry |
| USA | United States Patent and Trademark Office (USPTO) |
| UK | UK Intellectual Property Office (UK IPO) |
| China | China National Intellectual Property Administration (CNIPA) |
| European Union | European Patent Office (EPO) |
| Global Coordination | World Intellectual Property Organization (WIPO) |
Challenges with Patents in Nigeria
Despite the protections available, Nigeria’s patent regime faces challenges including:
Lack of Substantive Examination – Leading to questionable patents being granted.
Enforcement Issues – Infringement cases can be slow and costly.
Limited Awareness – Many inventors are unaware of how to protect their rights.
Cost of Filing – High legal and administrative fees discourage many local inventors.
Recommendations for Inventors and Companies
Engage Legal Professionals: Work with an experienced IP lawyer to navigate filings and enforcement.
Protect Internationally: Consider using the PCT route for broader protection.
Educate Staff: Train employees on the value of intellectual property.
Document Everything: Maintain detailed records of invention processes and development stages.
Conclusion
Understanding what are patents and who issues them is more than academic—it’s a vital tool in today’s innovation-driven economy. For Nigerian inventors, startups, and corporations, embracing the patent system can provide a pathway to growth, protection, and global relevance.
The Trademarks, Patents and Designs Registry in Nigeria is your go-to body for patent applications, but remember: the strength of your rights often lies in how well you assert and protect them.
If you’re looking to apply for a patent or need legal help with enforcing your rights, CHAMAN Law Firm offers expert guidance on all matters related to intellectual property law in Nigeria.
Frequently Asked Questions (FAQ)
1. What are patents and who issues them in Nigeria?
Patents are exclusive rights granted for inventions. In Nigeria, the Trademarks, Patents and Designs Registry under the Federal Ministry of Industry, Trade and Investment issues patents.
2. How long does a patent last in Nigeria?
A patent lasts 20 years, subject to annual renewal.
3. Can I register a foreign patent in Nigeria?
Yes, through convention applications and PCT National Phase entries, you can extend protection to Nigeria.
4. Is my software patentable in Nigeria?
Currently, software per se may not be patentable unless it produces a technical effect, which aligns with global trends.
5. Can CHAMAN Law Firm assist with patent registration?
Yes! Our experts offer end-to-end patent services, from advisory to registration and enforcement.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080