Nigeria: The role of patents in promoting innovation
The greater heritage of a nation remains in the creativity of its citizens. Since the beginning of the 20th Century, the world has continued to experience astronomical advancement in scientific and technological innovations, which has changed the phase of modern society, leading many thinkers to term this present civilization “the jet age”.
This technological advancement has had an enormous impact on the world's legal systems. It has disrupted traditional modes of IP protection, which have been forced to change to keep abreast with the ever-changing forms of innovation.
To help promote creativity and innovations with the recent technological evolution that the world has experienced, as the life of every average citizen now revolves around one or more of these technologies, such as computers; including palmtops, hi-tech phones, cable receivers and the perpetually growing internet.
Several laws exist to protect and administer different kinds of IP. The three main statutes governing IP law in Nigeria are the Copyright Act, Patents and Designs Act, and the Trademarks Act.
This article examines the role of patents in promoting innovation and creativity in Nigeria.
Patents
A patent is a grant by a country to an inventor of a monopoly right, to preclude another person from exploiting his invention without his consent for a fixed period (usually 20 years). The monopoly is granted in return for the investor making his invention publicly known. Application for the grant of a patent in Nigeria is made to the Registrar of Patents and Designs; The Patent Registry.
F O Babafemi, in his book “Intellectual Property; The Law and practice of Copyrights, Trade Marks, Patents and Industrial Designs in Nigeria” (2006), explained that; a grant made by the relevant government authorities within a country to protect new inventions or improvements thereon are considered to have improved the way(s) the earlier inventions were made or used.
The Patent and Designs Act CAP P2, Laws of the Federation of Nigeria 2004, is the principal legislation that governs the registration and proprietorship of patents and designs in Nigeria and other matters ancillary thereto. The court that has jurisdiction to hear any patent-related matter is the Federal High Court.
Essentials of patentable inventions
The Patent and Designs Act makes a provision for the requirements of a patentable invention. Section 1(1) of the act provides.
- If it is new, results from inventive activity and is capable of industrial application or;
- If it constitutes an improvement upon a patented invention and is new, results from inventive activity and is capable of industrial application.
It is important to mention that a patent cannot be validly obtained in respect of the following:
