ABSTRACT
Intellectual property (IP) rights are property rights in something intangible that protect and rewards works or products from the exercise of people’s mind. It encourages innovations and ingenuity. IP rights cover various rights including copyright, trademarks, industrial design and patent. Of all these rights, the least popular in developing countries like Nigeria is the patent. Patent consist of rights in inventions including products or processes that were never part of the state of the art. Patent is sort of a monopoly right given to the inventor to enable enjoy economic benefits for his invention for a specified period. The right given to the inventor is not unlimited as there are exceptions provided in the law especially for public and government benefit. There are slight differences in the exceptions provided for in Nigeria and the Patent Law of other countries (and generally the International Framework for patent right protection namely the Paris Convention for the Protection of Industrial Property, 1883 (Paris Convention) and the Trade-Related Aspects of Intellectual Property Rights, 1994, (TRIPS Agreement)).This branch of Intellectual Property Law is very key as it is strategic to developing countries in developing homegrown technology. Globalization and ease of cross border trade means that most of the foreign technology can easily be bought by developing nations but this may not help in securing indigenous dejure control of their economy. Moreso developed countries are not sincere and developing countries are not serious in seeking technology transfer.
Despite the importance of patent in encouraging scientific ingenuity and importance as a tool of developing homegrown technology, patent in Nigeria is generally poorly developed. This situation is be due to some factors among which are corruption, the lack of the education policy advocating for scientific knowledge, overreliance on foreign technology, poor administration by regulatory agencies, lack of financial support for inventors (even though part of the Patent and Designs Act, 1970 Cap P2 LFN, 2004, it is not effectively implemented). Currently with the enactment of the Federal Competition and Consumer Protection Act (FCCA), 2019 there may be conflict of roles by various federal government agencies.
This research gives a broad overview of Patentability of inventions, Patent Rights and Exceptions, the administration of Patent and the lapses in the Patent and Designs Act, the challenges faced in the administration of patent and recommendations on improving the scope of the patent right and the administration of patent in Nigeria.
