In this article, we shall discuss about the cost of patent registration in Nigeria this 2021. Patents are rights of monopoly exclusively granted by the Federal Government of Nigeria to inventors.
These exclusive rights which are granted for a set time and can be renewed upon expiry, empowers inventors with the sole rights to make, use and sell an invention, effectively preventing other inventors from exploiting the originator’s invention without his/her consent.
Patents help protect new inventions and cover everything concerning that particular invention as the owner deems fit, and in Nigeria today, they are granted exclusively to a patentee for a period of twenty (20) years from the date of filing the application. A patent expires when the stipulated yearly fees for it are not duly paid for its renewal. Patent registration should not be confused with Trademark registration in the country.
REQUIREMENTS FOR PATENT REGISTRATION IN NIGERIA
The following are the requirements for patent registration in Nigeria currently:
- The invention must be new
- The Invention must involve a creative step that is not obvious to anyone who has knowledge and experience in the field/subject.
- The invention must be capable of being used for industrial purpose and not be a mathematical or scientific discovery or methods.
- The invention must not be immoral or against public policy.
In order to get your invention patented which gives you the full and exclusive rights to it, you should approach The Patents Registry, Commercial Law Department of the Federal Ministry of Industry. It is this government office that administers the protection of Patents in Nigeria. The Legislation that governs the affairs and registration of patents in the country is the Patents and Design Act 1971. Kindly note that patent applications are usually filed in the English Language in Nigeria and not in your native language.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION IN NIGERIA
There are certain documents that an inventor is required to present before his invention can be patented in Nigeria. The inventor must present a formal application (a document) which contains a petition or request that is made to the Registrar of the Trademarks, Patents and Designs Registry and signed by the Applicant or his Agent containing the following information:
- Title of the Invention
- Background history of the Invention
- Specifications and claims of any number of processes with the means of working those processes. You are required to start from general to specific.
- The Detailed description of the invention to be supported by drawings or illustrations if any (or where necessary).
- Conclusion (This should contain what the society/general public/humanity stands to gain from that field of an invention).
Once the application for patent has been filed, an official letter of acknowledgement which contains the application number and the official filing date of the application is generated and issued by the Registry to the Applicant.
Once the patent rights have been applied for after the acknowledgment letter has been generated and issued, this will be examined by the Registrar to make sure that the application for patent rights is in consonance with the requirement of the Act that it contains the full name of the applicant, the address of the applicant, the valid email address of the applicant, the applicant’s phone number, a copy of the applicant’s valid ID card and the description of the invention with any plans or drawings; and Claims.
If the Registrar is satisfied with the application and establishes that it conforms to the requirements of the Patents and Design Act 1971, the patent will be granted, and upon granting the patent rights, the Patent Registrar shall issue, on behalf of the President of the Federal Republic of Nigeria, a certificate that contains the following details:
- Number of the patent in the order of grant
- Name and address of the Patentee
- The date of the Patent application and the grant
- Number and date of the application on which the claim is based and the name of country where it was made.
- The description of the invention with the relevant plans and drawings.
WHAT IS THE COST OF PATENT REGISTRATION IN NIGERIA 2021?
The amount it will cost for patent registration in Nigeria at the Registry is dependent on the individual patent attorney that is appointed for the registration.
On the average, Nigerian Patent Attorneys charge between ₦150,000 – ₦250,000 for patent registration in the country and care must be taken in order to appoint only competent and authorized agents to file for the application. Do not rely on unaccredited middlemen who do not have any knowledge of the application process as an incompetent patent application may be refused by the patent registry. Ensure that you do your checks very well to avoid being duped.