NIGERIA – Patents, trademarks and designs

Nigeria patent

Nigerian national phase patents may be filed up to 30 months from the priority date of the patent application. Nigerian patents are granted within a few months of filing and are low-cost.

To file a Nigerian national phase patent, we are required to submit the following documents:

• details of the applicant;
• a Power of Attorney. Note that legalization or notarization is not required;
• a copy of the patent specification in English;
• a copy of the assignment (if any). Note that legalization or notarization is not required; and
• a certified copy of the priority document.

Nigerian patents can be filed online using the GlobalIPCo system. The Nigerian patent office does not examine the patent as to novelty or inventiveness. Provided the forms are in order, the patent will be granted. Once granted, the patent will remain in force for 20 years (with annual maintenance fees).

Nigerian patent law does not require marking. However, it is suggested that the applicant use the patent within Nigeria during a four year period of filing.

Also consider filing a SANi Patent (South African & Nigerian Combination Patent).

Nigeria trademark

Nigeria recognizes Goods, Service and Certification marks. Similar to South Africa, each Nigerian trademark application may be filed in respect of one class only.

To file a Nigerian trademark, we are required to submit the following documents:

• details of the applicant;
• a Power of Attorney. Note that legalization or notarization is not required;
• a representation of the mark;
• a description of the goods or services; and
• a certified copy of the priority document.

Nigerian trademarks remain in force initially for 7 years, extendable for further renewal periods of 14 years.

Nigerian trademark law does not require marking. However, it is suggested that the applicant use the trademark within Nigeria during a five year period of filing.

Nigeria design

Although Nigerian design law requires absolute novelty, it is permitted to disclose the design not more than 6 months prior to filing at an officially recognized international exhibition.

Furthermore, various embodiments of a design may be filed in a single Nigerian design application, provided the design is of the same kind. See our Nigerian design costing tool for a good indication of Nigerian design costs.

To file a Nigerian design, we are required to submit the following documents:

• details of the applicant;
• a Power of Attorney. Note that legalization or notarization is not required;
• drawings / images of the design;
• description of articles to which the design is to be;
• a copy of the assignment (if any). Note that legalization or notarization is not required; and
• a certified copy of the priority document.

Once granted, the Nigerian design will remain in force for 15 years (with quinquennial (5yr) maintenance fees).

Nigerian design law does not require marking or use of a design.