Patents Act 2022 Policy Summary

What Is This Bill?

The Patents Act 2022 (Repeal and Enactment) Bill (SB. 880) is Nigeria's legislative proposal to repeal the outdated Patents and Designs Act Cap P2 LFN 2004 and replace it with a modern, comprehensive Patents Act. The Bill seeks to align Nigeria's patent law with international best practices under the Patent Cooperation Treaty (PCT), the Paris Convention, and the Harare Protocol — strengthening intellectual property protection, stimulating innovation, and improving the ease of doing business in Nigeria.

Who Does It Target?

Inventors, researchers, and innovators seeking patent protection for new inventions Nigerian and foreign companies and enterprises filing patent applications Technology firms, pharmaceutical companies, and agribusiness entities exploiting patented inventions Legal practitioners representing patent applicants and holders The Patent Registry under the Registrar-General's Department, Ministry of Justice Government agencies seeking to exploit patented inventions for public interest purposes Licensees and third parties seeking non-voluntary (compulsory) licences

What Does It Aim to Achieve?

Repeal and replace the Patents and Designs Act Cap P2 LFN 2004 with a modern, internationally harmonised statute Introduce a clearer, updated definition of patentable inventions and explicit exclusions from patent protection Strengthen inventors' rights, including the right to be named as inventor and the right to special remuneration for employee inventions of exceptional economic value Establish a transparent examination and grant procedure aligned with international standards Provide for utility model certificates as a complementary, lower-threshold form of IP protection Integrate Nigeria fully into the Patent Cooperation Treaty (PCT) framework, including provisions for national phase entry, designated office, and elected office functions Recognise the Harare Protocol for regional patent applications designating Nigeria Introduce robust mechanisms for non-voluntary licences and government exploitation for public interest Modernise enforcement, appeals, and offence provisions to deter patent infringement

Key Features

Patent Protection and Patentability An invention is patentable if it is new, involves an inventive step, and is industrially applicable. The Bill introduces a 12-month grace period for disclosures by the applicant before the filing date. Excluded from protection are discoveries, business methods, therapeutic or surgical methods, plant varieties, biological processes, and inventions contrary to public order or morality. Inventors' Rights and Employment Inventions The right to a patent belongs to the inventor. Where an invention is made in execution of an employment contract, it vests in the employer unless contractually agreed otherwise. However, where the invention's economic value far exceeds what parties could reasonably have foreseen at contracting, the inventor is entitled to special court-fixed remuneration. Inventors retain the right to be named in the patent. Application and Examination Procedure Patent applications must be filed with the Registrar containing a description, claims, abstract, and drawings where required. The Registrar examines applications against formal and substantive requirements. The Bill targets a final decision within two years of commencing substantive examination. Applications may be amended or divided prior to grant, and may be converted between patent and utility model certificate applications. Duration and Annual Fees Patents expire 20 years from the filing date. Annual maintenance fees are payable in advance from the first anniversary of the filing date, with a six-month grace period for late payment. Failure to pay results in lapse of the patent or deemed withdrawal of the application. Utility model certificates expire after seven years with no possibility of renewal. Government Exploitation and Non-Voluntary Licences The Minister of Justice may authorise government agencies or designated third parties to exploit patented inventions without the owner's consent where public interest, national security, health, or nutrition so requires, or where exploitation is found to be anti-competitive — subject to adequate remuneration to the patent owner. Courts may also grant non-voluntary licences after four years from the filing date or three years from grant, whichever expires last, if the invention is not sufficiently exploited locally. PCT and International Applications The Bill integrates Nigeria's Patent Office into the PCT framework, designating it as a receiving office, designated office, and elected office for international applications. International applications designating Nigeria are treated as national filings from the international filing date. National phase entry requires payment of prescribed fees and, where applicable, translation within PCT time limits. Patent Registry and Administration The Patent Registry is located within the Registrar-General's Department of the Ministry of Justice, headed by the Registrar-General. A public register of patents and utility model certificates is maintained. All ownership changes and licence contracts must be recorded to take effect against third parties. Foreign applicants must be represented by a Nigerian-resident legal practitioner.

Current Status

Bill Stage: Introduced in the Senate — SB. 880; first reading on 14 December 2022 during the 9th Assembly, Third Session; second and third readings not yet recorded Sponsor: Senator Amosun, Ibikunle Oyelaja (Ogun Central) Existing Law: The Patents and Designs Act Cap P2 LFN 2004 remains operative until the Bill is enacted 2023 Amendment: The Business Facilitation Act (BFA) 2023 amended the First Schedule of the existing Patents and Designs Act to empower the Minister to prescribe compulsory licence procedures by regulation — a precursor reform to the Bill's objectives Treaty Compliance: Nigeria is a party to the Paris Convention and the Harare Protocol; PCT accession underpins the Bill's international filing framework Patent Registry: Currently administered under the Trademarks, Patents and Designs Registry, Ministry of Industry, Trade and Investment; the Bill relocates primary administration to the Ministry of Justice Transitional Provisions: All existing patents granted under the repealed Act remain in force and are deemed granted under the new Act for the balance of their protection period

How to Access

Patent Applicants: File applications with the Registrar-General at the Patent Registry, Ministry of Justice, providing a full description, claims, abstract, and drawings as required; pay the prescribed application fee Foreign Applicants: Must appoint a legal practitioner resident and practising in Nigeria to file and prosecute applications on their behalf International Filers: File international applications via the Patent Office (as PCT receiving office) designating Nigeria; enter national phase before expiry of the applicable PCT time limit under Article 22 or 39 Licensees and Third Parties: Apply to the court for non-voluntary licences after the statutory waiting period; or petition the Minister for government authorisation in cases of public interest Harare Protocol Applicants: May designate Nigeria through a regional patent application under the Harare Protocol Contact: Nigerian Industrial Property Office (NIPO) — nipo.gov.ng | Ministry of Justice — justice.gov.ng | National Assembly Bill Tracker: nass.gov.ng/documents/bill/11067

Important Terms

Impact & Metrics

Nigeria's existing Patents and Designs Act dates to 1970/1971 — the Bill represents the first comprehensive overhaul in over 50 years The Bill introduces utility model certificates for the first time in Nigeria's patent law, providing a faster, lower-cost IP protection route suited to incremental innovations and SMEs Full PCT integration is expected to significantly ease the process for Nigerian inventors seeking international patent protection and for foreign innovators designating Nigeria Strengthened anti-infringement provisions and a 2-year target for examination decisions aim to reduce patent pendency and improve IP enforcement outcomes Government and court-supervised compulsory licensing provisions address public health, food security, and technology transfer priorities consistent with the TRIPS Agreement and Doha Declaration

Official Resources

Bill Document: nass.gov.ng/documents/bill/11067 (PDF download available) Nigerian Industrial Property Office (NIPO): nipo.gov.ng Federal Ministry of Justice: justice.gov.ng National Assembly Bill Tracker: nass.gov.ng/documents/bills Contact: Patent Registry, Registrar-General's Department, Federal Ministry of Justice, Abuja

Legal Framework

Introduced under the legislative powers of the National Assembly vested by Section 4 of the 1999 Constitution (as amended) to repeal and replace the Patents and Designs Act (Cap P2 LFN 2004). Aligns with Nigeria's obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Patent Cooperation Treaty (PCT), the Paris Convention for the Protection of Industrial Property, and African Regional Intellectual Property Organization (ARIPO) protocols.