How to File Patent in Nigeria
Introduction
Innovation is the cornerstone of progress, and in Nigeria’s emerging economy, inventors, startups, and businesses are becoming increasingly aware of the need to protect their intellectual creations. One of the most effective legal protections available to inventors is a patent.
A patent grants exclusive rights to the inventor or assignee, allowing them to legally prevent others from making, using, or selling their invention without permission. However, the process of obtaining a patent in Nigeria can seem complex and bureaucratic—especially without professional guidance.
This article demystifies the process of filing a patent in Nigeria, outlining the legal framework, step-by-step procedures, requirements, timeline, common challenges, and solutions. A real-life case study is included to illustrate the practical journey of patent registration in Nigeria.
1. What is a Patent?
1.1 Definition of a Patent
A patent is an exclusive right granted for an invention, which may be a product or a process that provides a new and inventive solution to a technical problem.
1.2 Key Features of a Patent
Exclusivity: Prevents others from exploiting the invention without permission.
Territoriality: Only protects the invention in the country where it is registered.
Time-limited: In Nigeria, patents are valid for 20 years from the date of filing, subject to annual renewal fees.
2. Legal Framework Governing Patents in Nigeria
2.1 Patents and Designs Act, Cap P2, Laws of the Federation of Nigeria 2004
This Act provides the framework for:
Patent eligibility
Filing procedure
Rights of the patent holder
Duration and renewal
2.2 Administrative Body
Patents are administered by the: Trademarks, Patents and Designs Registry
Under the Commercial Law Department of the Federal Ministry of Industry, Trade and Investment (FMITI)
3. What Can Be Patented in Nigeria?
To be patentable in Nigeria, the invention must meet the following criteria:
3.1 Patentability Requirements
Novelty – It must be new and not previously disclosed.
Inventive Step – Must not be obvious to someone skilled in the art.
Industrial Applicability – Must be capable of being used in some kind of industry.
3.2 Excluded Categories
The following cannot be patented:
Discoveries, scientific theories, and mathematical methods
Schemes, rules, or methods for mental acts or games
Inventions contrary to public order or morality
Plant or animal varieties and essentially biological processes
4. Step-by-Step Procedure to File a Patent in Nigeria
Step 1: Conduct a Patent Search
This helps ensure the invention is new and has not been patented. You can:
Search the local Nigerian patent database (limited access)
Use international platforms like WIPO’s PATENTSCOPE
Step 2: Prepare the Patent Specification
This includes:
Title of the invention
Description of the invention (with technical details)
Claims – define the legal scope of protection
Drawings or diagrams, if applicable
Abstract summarizing the invention
Step 3: Engage a Registered Patent Attorney
Although self-filing is possible, it is advisable to use an accredited patent agent or lawyer for:
Drafting technical claims
Avoiding rejection due to legal non-compliance
Step 4: Submit Application to the Registry
Your application should include:
Completed Patent Application Form 1
Formal Declaration Form 3
A copy of the invention specifications
Power of Attorney (if using an agent)
Payment of official fees (approximately ₦25,000 – ₦40,000 depending on mode of submission)
Step 5: Application Review and Acknowledgment
The registry examines only for formality, not substantive novelty.
If satisfactory, you’ll receive an Acknowledgment Letter.
Step 6: Grant and Publication
If approved, the Registry issues a Patent Certificate.
The patent is then published in the Official Journal.
You may use the phrase: “Patent Pending” or “Patent Registered No. XXXX”.
5. Timeline for Patent Filing in Nigeria
| Activity | Estimated Duration |
|---|---|
| Search | 1–2 weeks |
| Specification Drafting | 1–2 weeks |
| Application Submission | Immediate |
| Acknowledgment | 2–4 weeks |
| Grant of Patent | 3–6 months |
| Certificate Issuance | 4–8 months |
6. Cost of Filing a Patent in Nigeria
| Item | Estimated Cost |
|---|---|
| Patent Search | ₦10,000 – ₦25,000 |
| Attorney Fee | ₦50,000 – ₦150,000 |
| Filing Fees | ₦25,000 – ₦40,000 |
| Annual Renewal Fees | ₦5,000 – ₦20,000 (based on years) |
7. Foreign Priority and PCT
Nigeria is a signatory to the Paris Convention and Patent Cooperation Treaty (PCT).
Foreign inventors can claim priority if they file within 12 months of the initial application in another country.
Nigerian inventors can file under the PCT route for global protection.
8. Case Study: Local Inventor Files Solar Device Patent in Nigeria
Background:
Dr. Adewale, a Nigerian electrical engineer, invented a low-cost, solar-powered irrigation device to support small-scale farmers in rural areas.
Steps Taken:
Conducted a patent search
Engaged a registered patent attorney to draft the claims
Filed the application with the Trademarks, Patents and Designs Registry
After 5 months, received a Patent Certificate
Impact:
Secured exclusive rights for 20 years
Negotiated licensing with local agricultural cooperatives
Received grant funding from the African Development Bank
Lessons:
Timely filing protects innovation
Licensing and monetization opportunities depend on legal protection
Local innovations are patentable and fundable with legal cover
9. Common Pitfalls and How to Avoid Them
| Pitfall | Solution |
|---|---|
| Poorly drafted claims | Use an experienced patent lawyer |
| Public disclosure before filing | Maintain confidentiality until after filing |
| Ignoring annual renewals | Pay dues every year to keep the patent active |
| No enforcement strategy | Monitor and enforce rights through litigation if infringed |
10. Enforcement and Infringement Remedies
Legal Remedies Available:
Injunction to stop the infringer
Damages for economic loss
Account of profits earned by the infringer
Delivery up or destruction of infringing products
Court of Jurisdiction:
Federal High Court has exclusive jurisdiction over IP cases.
11. Licensing and Commercialization of Patents
Once granted, a patent holder can:
Manufacture and sell the product
License others for royalties
Assign or transfer ownership
Use it to raise investment
12. Role of Lawyers in Patent Filing and Protection
Drafting patent specifications and claims
Filing applications and responding to queries
Monitoring renewals and infringement
Representing clients in IP-related disputes
Conclusion
Patent protection is a powerful tool for inventors and businesses in Nigeria. While the process may appear technical, with the right professional guidance, innovators can legally protect their inventions, enhance their competitive edge, and unlock commercial opportunities.
Filing a patent in Nigeria is not just about protection—it’s about positioning your innovation for long-term impact, profit, and recognition.
Have a Brilliant Invention? Secure Your Patent Before It’s Too Late!
Your invention deserves more than admiration—it deserves legal protection. Filing a patent in Nigeria is your key to exclusive ownership, commercial leverage, and lasting recognition. Don’t risk your idea being stolen, copied, or exploited without your consent.
At Chaman Law Firm, we specialize in guiding inventors, entrepreneurs, and businesses through the entire patent registration process—from drafting to filing, publication, and enforcement.
Our Services Include:
✅ Patent search and eligibility check
✅ Drafting of patent specifications and claims
✅ Filing with the Nigerian Patents Registry
✅ Legal protection and enforcement of your rights
✅ International patent advisory (PCT filing)
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria
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