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

PCT Applications in Nigeria has taken off as international applicants seek protection for their patents in Nigeria

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 patent application in Nigeria – is there a substantive examination?

For PCT applications entering the national phase in Nigeria, the Registry’s examination of the application is formal; they undertake a formal application of the application, not substantive.

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

Patents granted in Nigeria inures for a period of twenty years, although the patent owner has to pay necessary annuities.

What is the filing duration of a patent application [under the Patent Cooperation Treaty] in Nigeria?

Generally, a patent application filed in Nigeria takes around three weeks to three months 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. The Registry is trying hard to have a faster turnaround time for applications so as to foster more confidence in the System.

As a Nigerian, can I file an international PCT application from the Nigeria IPO?

No, you cannot. Although Nigeria is a member State of the Patent Cooperation Treaty, Nigeria is not a Receiving Office [for international applications]. The Receiving Office for Nigeria is the EPO [European Patent Office] and a Nigerian trying to file an international application can file from the EPO; they cannot file from Nigeria directly.

Next Steps: Enter the National Phase for your PCT applications in Nigeria with Kabbiz Legal & Advisory

We routinely assist international clients, and get engaged as local counsel by international law firms and IP companies in Asia and different parts of the world to advise them on the requirements for entering the PCT National Phase in Nigeria and to file on their behalf. Should you require assistance, we invite you to reach out to us at contact@kabbizlegal.com or call us on +2348064231176, or alternatively click the link here to chat us on WhatsApp.  We respond to all business enquiries within twenty-four hours.

This article was written as a Thought Leadership post for our Intellectual Property Law practice group with the Patents and Trademarks sub-practices at Kabbiz Legal & Advisory.

Kingsley Ani