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Procedures for Filing an Intellectual Property Application


Filing an appropriate IP Right application is a flow sequence from the inventor/innovator, through the Innovation Unit of the Research & Innovation Office to the Trademarks, Patents and Design Registry of the Ministry of Trade, Investment and Commerce. The Trademarks, Patent and Design Registry is the national office responsible for the administration and coordination of all industrial property issues while fall within the mandate of the Nigerian Copyright Commission. Each individual in the flow sequence plays specific roles in the application process.

The roles of the Inventor, the Innovation Unit and the Patent Registry in the application process is shown below



Inventor
  • Establish Prior Art(Patent Search)
  • Interface with the Innovation Unit for activation of application
  • Fill all necessary forms
  • Prepare patent specification
  • Hold on/Delay Article Publication till filing is acknowledged.
Innovation Unit
  • Receive and review Inventors submissions and claims in term of prior art
  • Provide support infrastructure in the drafting of patent specification
  • Facilitate consideration by R & I IP Committee
  • File IP Application with the Patent Registry
  • Provide framework for post patent activity in conjunction with ESDC
Trademarks, Patents and Design Registry
  • Statutory body for IP Right/patenting in Nigeria
  • Receive application after payment of necessary fees
  • Process application
  • Issue acknowledgement and acceptance letters
  • Issue certification with number NG/P/Year/xx
Patents have jurisdictional/territorial control or regulation; and as such filing could be at the national, regional, continental and global level. Filing at the national and regional level are straight forward but becomes complex at the continental and global level. Global filing is best routed through WIPO though multiple individual jurisdictional filing is equally possible but the route is tedious and costlier.
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