Patent Protection Framework: Nigeria

IntroductionSecuring a patent in Nigeria requires meeting three essential criteria: Novelty, Inventive Step, and Industrial Application. Missing any one criterion results in rejection, regardless of commercial potential. A granted patent provides 20 years of exclusive rights, but maintenance requires timely annual fee payments; failure to pay results in the lapse of rights. For international applicants, the Patent Cooperation Treaty (PCT) offers a strategic advantage: a single filing preserves priority in 158 countries, with a 30-month window to assess market viability before committing to individual national filings. Foreign applicants must file through a registered Nigerian patent agent and, under Section 78 of CAMA, incorporate locally to carry on business in Nigeria. Our Quick Notes on Patent Protection Framework examines the patentability criteria, term and maintenance requirements, PCT filing strategy, foreign applicant obligations, enforcement options (litigation vs ADR), and high-growth patent sectors in Nigeria. Request the full publication below.