Patentability of inventions under the Nigeria’s patents and designs act: an examination

Abstract

The nature of invention, the reason(s) for protecting invention and the requirements for the patentability of invention under the Nigerian Patents and Designs Act are the main thrust of this paper. It is now trite that the global standard or criterion for granting a patent is that the invention must be patentable. The paper therefore examines the criteria for patenting inventions, that is, such invention must be novel; it must results from inventive activity and must not be obvious to a person knowledgeable in the art or field of study. In respect of plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products) patent is denied. The paper analyses this position and concludes that there is the need to ensure that invention and innovation is not stultified by refusing to patent an invention just because it is biological. The Nigerian Patent Registry refuses patent applications for Software or Computer-implemented inventions this paper argues that this provision of law should be changed in line with the rapid development in the field of computer technology. The paper concludes by making recommendations to improve the current legal situation in Nigeria.

Keywords: Intellectual property, patent, inventions, patentability