How to file a Patent PCT National Phase Entry Application in Nigeria

PCT Applications [Article currently under development]

Patent Cooperation Treaty applications are a way to simplify international filing of patents. The Patent Cooperation Treaty [“PCT”] is an international Treaty which enables inventors or companies to file for patent protection in multiple countries through one single application. The PCT is administered by the World Intellectual Property Organization, with 157 Contracting States to the Treaty. This wide coverage simplifies the patent filing process in the sense that rather than filing individual patent applications in each jurisdiction where they are seeking patent protection, one application covers the entire gamut of the application process in one initial filing. There are generally two phases of a PCT application:

• The International Phase: An inventor files their Patent Cooperation Treaty application and same undergoes an international search, which is followed by a preliminary examination.
• The National Phase: After filing at the international phase, the applicant is required to enter the national phase in each country where they seek patent protection for their invention. At each national phase entry, the country where the applicant is filing the application will assess the application according to their laws and then decides on whether or not to grant the patent in their jurisdiction.

Patent Cooperation Treaty – Nigerian Application

Nigeria is a signatory to the Patent Cooperation Treaty. The country became a member of the PCT on the 8th of May, 2005. With Nigeria being a Contracting State to the PCT, it means that inventors can file for PCT national phase entry in Nigeria to seek patent protection for their inventions. Likewise, Nigerian inventors can use the PCT to apply for patent protection for their inventions internationally in other Contracting States.

What is the deadline for PCT national phase entry in Nigeria?

For PCT  applications entering Nigeria, the applicants must initiate the national phase entry filing within a period of 30 months from the date of priority. This deadline cannot be extended and an applicant who wishes to seek for IP protection and make the national entry in Nigeria should seek a patent attorney in Nigeria and file an application within the stipulated timeframe.

What are the filing requirements for a national phase entry in Nigeria for a Patent Cooperation Treaty application?

• Formal request for National Phase entry
• PCT Application number and international filing date
• Patent Specification Document: This will include the details of the patent, claims, abstract and drawings (if any)
• Applicant Details: Full name of the applicant, email address, phone number, and service address of the applicant.
• Inventor Details: If the inventor is not the applicant, then you have to submit the full name of the inventor, email address of inventor, phone number of inventor, service address of the inventor. If there are more than one inventor, then supply the names and details of each.
• Power of Attorney: If an attorney is handling the application, then you have to submit a power of attorney duly signed, authorizing the attorney to so act in that stead. This does not need to be notarized.
• Official Fees

Examination of a PCT application in Nigeria

What is the validity term of a PCT patent granted in Nigeria?

What is the filing duration of a PCT patent application in Nigeria?

Generally, a patent application filed in Nigeria takes around three weeks to one month to process, with the certificate issued to the applicant. This is the general timeline and it can be longer or shorter, depending on backlogs, any issues encountered by the Registry, among others.

Kingsley Ani