I have done several searches on this but I am not getting any useful results. Does anyone know of any Nigerian tech or other startup that has successfully filled for a patent (either within the coutry or a PCT application) and the Law Firms that were involved? I am not interested in other IPs (trademarks or copyrights) here but patents only.
Or does it mean that we are not truly innovating?
@Odunoluwa can you help with this?
Please reply with any useful link.
Apologies for just getting back to you.
Been following Radar from my email so somehow missed the notification I had a mention.
Not many startups apply for patent in the technology space in Nigeria and this is because most of what we do is software and software is not patentable in Nigeria. It can however be copyrighted.
Hardware on the other hand can be patented and we have submitted a few patent applications at The Longe Practice and have successfully concluded one (It’s quite a lengthy process).
We’re also developing a patent product on DIYLAW so people can easily apply for patent registration. We currently have trademarks and copyright only.
I hope my answer helps somewhat.
Thank you for you reply.
How long did it take exactly and can we have an idea about the cost?
At the Longe Practice, we do it a N180,000.
Total period is about 12-18 months.
You get an acknowledgement in about a month and an acceptance at about month 9.
The acknowledgement acknowledges your application submission and acceptance confirms your application has been accepted to be patented and a certificate will be issued to you later. At the acceptance stage, you already know if your application has been patented.
The certificate is issued from month 12 upwards.
Hi Odun,
Is this a Standard practice elsewhere for the 9-12 month period and can Startups have a legal say if their Patent has been filed and is being processed and concept is stolen or replicated?
Thank you once again.
Longer in places like the US because of the “patent pending” principle which we don’t have in Nigeria. Could take up to 3 years in the US but you have a patent pending in the interim.
Unfortunately, no protection if you have filed cause in Nigeria, we do not have the concept of “patent pending” like in the US and Australia where it serves to notify any infinger that you have a patent application pending and you can even sue for damages and back-dated royalties once the patent application is granted. In Nigeria, no protection until the patent is granted.
Hi Odun,
Please can you iterate on the “software not patentable in Nigeria” thing? I mean really? So if I invented an algorithm, it can’t be patented in Nigeria?
How does this copyright work? What are the caveats? How much does it cost and how long?