How to Patent an Idea
Learning
how to patent an idea is an important procedure to learn in order to protect
your ideas from being copied and profited from by others.
Unfortunately,
if you've never filed a tax return before, the procedure might be intimidating.
A considerable commitment of effort is required to investigate your idea and
its market, make accurate drawings, and learn how to communicate coherently
using extremely particular vocabulary.
Following
these five simple procedures, you can safeguard your million-dollar concept
from the competition. However, for reasons described at the bottom of this
article, it is strongly advised that you always speak with an expert lawyer.
Steps
to Patent an Idea
1.
Keep track of how you came
up with the idea and your progress step by step.
2.
Evaluate your idea to
ensure that it is patentable under existing patent legislation.
3.
When filing a patent,
develop a prototype of your innovation.
4.
Prepare your patent
application by learning about the cost, patent type, and potential provisional
patent.
5.
Filing your patent
application in order to receive the patent that will secure your invention or
design.
What is a Patent?
You
must first understand what a patent is before you can begin patenting your
invention. A patent is a legal grant or license granted by the Nigerian Patent
and Trademark Office (which is under the auspices of the Nigerian Ministry of
Industry, Trade, and Investment) to an inventor that grants him or her
exclusive ownership rights to his or her creation in Nigeria, including the
right to create, use, offer for sale, and sell the patented object or concept.
The
right to make, use, offer for sale, sell, or import the concept is not granted.
For example, obtaining a patent for baby formula does not grant you the
authority to sell or advertise your baby formula without first complying with a
slew of laws and testing. You only have the right to stop others from selling
or marketing what your patent claims cover.
Types of Patents
There
are four types of basic patents recognized by the Nigerian Patent and Trademark
Office:
1.
A Utility Patent is
the most common patent type and is used for approximately 90% of patents.
According to the Nigerian Patent and Trademark Office, a utility patent is
issued for the invention of a “new and useful process, machine, manufacture, or
composition of matter, or a new and useful improvement thereof…” Utility
patents protect its holder’s rights for up to twenty years from the date of
patent application filing.
2.
Design Patents:
Design patents protect the unique ornamental design or appearance of a
functional item. This includes the shape, configuration, pattern, or decorative
aspects of an object.
3.
Pharmaceutical Patents:
This type of patent covers inventions related to pharmaceutical products,
including new drugs, drug formulations, and methods of treatment.
4.
Biotech Patents:
Biotechnology patents protect inventions related to biotechnological processes,
genetically modified organisms (GMOs), or applications of biotechnology in
various fields.
Can I Patent An Idea?
Technically,
no. Ideas alone cannot be patented.
A
patent can only be obtained for an invention that was developed from an idea.
The innovation must be manufactured or a description of the invention must be
provided with your patent application.
Am I the Right Person to Apply for a Patent?
To
successfully obtain a patent, you must:
1.
Be the creator of the
concept; or
2.
Have another individual
ascribed the innovation to you; or
3.
Be the dead inventor's
legal agent (administrator or executor of the estate); or
4.
Be a co-inventor (you must
contribute more than money) and apply for a patent as a joint inventor; and
5.
Be a non-employee of the
Nigerian Patent and Trademark Office unless the patent is inherited or
bequeathed to you.
Steps to Filing a Patent Application in 5 Easy Steps
Keep a record of how you came up with the idea and your step-by-step
progress
Once
you have your idea, it is important that you keep a record (such as a journal
or notebook) of how you came up with the idea and your progress on that idea
every step of the way. A well-kept record will provide you with proof that the
work you put into the idea is all yours and may potentially help your creative
process. Carefully detail everything you have done including corrections,
improvements, and mistakes that happened before you started the process of
filing for a patent. You should also consider signing and dating each entry and
having two reliable witnesses sign as well.
However,
it is critical to keep meticulous records of who has been granted access to
your concept. Obtain non-disclosure agreements (NDAs) from all employees,
contractors, and anybody else who has access to the system. Your NDAs should
always include an acknowledgement that you control all rights to your idea and
any work done on it (by employees, contractors, etc.). When creating any and
all NDAs related to your innovations and potentially patentable ideas, it is
strongly encouraged that you speak with your patent lawyer.
Research your idea to make sure it is eligible for patenting under
established patent law
Investigate your idea and make certain that it is patentable
under existing patent legislation. As previously stated, you can patent ideas,
designs, and even some plants if they are original. To be eligible for patent
registration, an original work or idea refers to an invention that meets
certain criteria set by the patent law. In general, the following requirements
must be fulfilled:
·
Novelty: Have
you heard of this idea or something similar before? The invention must be new
and not publicly disclosed before the filing date of the patent application. It
should not have been published, used, or disclosed in any public forum anywhere
in the world prior to the filing.
·
Inventive
Step/Non-obviousness. Is it something others can easily think of? The
invention must involve an inventive step, meaning it must not be obvious to a
person skilled in the relevant field of technology. It should demonstrate an
advancement or improvement over existing knowledge or technology.
·
Industrial
Applicability. Can the idea be put to practical use? The invention must
have practical use and be capable of being made or used in an industry or field
of economic activity. It should be more than just a theoretical concept or
idea.
In
addition to these essential requirements, patent laws differ by country, and
specific criteria and exclusions may apply depending on the jurisdiction. To
ensure compliance with their requirements, it is recommended that you research
the patent laws of the individual country or region where you wish to seek
protection.
It's
worth noting that patent protection normally only extends to innovations or
processes, not abstract concepts, scientific principles, or natural events.
Furthermore, patents are often awarded for a limited time, giving the creator
exclusive rights to their creation for a set number of years in exchange for
disclosing the innovation's specifics to the public.
You
should also consider some market research to determine if your idea, when
developed, will make enough money to justify the time and cost of developing it
into a patentable invention or design. Your market research will include an
analysis of products on the market that accomplish similar tasks to your
invention as well as an evaluation of your potential competitors.
Make a prototype of your invention when filing a patent
When
applying for a patent, it is strongly advised that you have a prototype of your
idea. A model or prototype of your invention encapsulates all the qualities
described in your inventor's journal. It also gives you something tangible to
show prospective investors and licensees. Most importantly, throughout the
prototype development process, you may find design flaws that must be addressed
before getting your patent. The prototype development process may also reveal
design elements of your invention that are patentable in and of themselves.
Your
prototype could be as simple as a schematic or drawing, but constructing an
actual functional model, if possible, is the best way to go. Here are some
guidelines for creating a prototype:
a)
Start with a drawing.
Sketch out your invention in your inventor's journal.
b)
Develop a mock-up in the
form of a 3-D model.
c)
Finally, create a
fully-working model. If a prototype is too costly in real-life, consider a
virtual (computer-rendered) prototype.
d)
Prepare your patent
application and understand the cost, patent type, and possible provisional
patent
If
you’ve successfully completed the above steps, it’s time to prepare and file
your patent application.
Here are the main issues you will need to resolve during the patent filing
process:
A
provisional patent application requires the inclusion of a specification but is
filed without a formal patent claim, oath or declaration, or information
disclosure statement. It must be followed up with the filing of the
non-provisional patent application within 12 months.
Cost:
The actual patent application process can be expensive. In some cases, filing
for a patent can cost anywhere from ₦50,000
to ₦220,000 for
a simple application and well over ₦750,000
to file a patent for something more complicated like a software patent.
Startups may need to find investors or take out loans to fund their patent
filing.
Patent
Type: As discussed above, there are four main types of patents: utility,
design, pharmaceutical and Biotech patents. You will need to determine the
right patent type for your idea, but in most cases, your choice will be a
utility patent.
Provisional
Patent Application: You may want to consider filing a provisional patent
application before filing a real (non-provisional) application for your patent.
A provisional patent application, not to be confused with the patent
application itself, is a document filed with the Nigerian Patent and Trademark
Office that specifies an early filing date for the subsequent filing for a
non-provisional utility patent. It also gives the applicant “patent pending”
status and the right to use the term “Patent Pending” in documents describing the
invention.
Filing your patent application to obtain the actual patent that protects
your invention or design
To
register and file a patent via https://www.iponigeria.com,
you need to follow these steps:
-
Create an account online to access the online services of the Trademarks,
Patents and Designs Registry of the Commercial Law Department, Federal Ministry
of Industry, Trade and Investment.
-
Log in to your account and select the option to file a patent application.
-
Fill in the required information, such as the applicant's name and address, the
title and description of the invention, the set of claims, and the priority
application details if any.
-
Upload the necessary documents, such as the Power of Attorney, the certified
copy of the Priority Document (if applicable), and any drawings or diagrams
that illustrate the invention.
-
Pay the corresponding fees online via the various payment channels available on
the website. The official fee for patent registration in Nigeria is about $75,
but you may also need to pay for professional fees and other expenses depending
on your patent attorney.
-
Receive your acknowledgement letter immediately after filing and your
acceptance document within 2 weeks if there are no issues with your
application.
You
can also check the status of your application, print your acceptance document,
and contact customer support online via the website. For more information, you
can visit https://www.iponigeria.com/
or http://ipo.cldng.com
Why Hire an Experienced Patent Lawyer
It
is critical to mention at this time that you should strongly consider engaging
a patent lawyer.
A
patent attorney does more than merely file a patent for you. A competent patent
lawyer ensures that the patent you file will protect your million-dollar
concept and grant you a monopoly by making the language in your patent
application as robust as possible with solid claims that provide the most
protection for your creation.
Obtaining
a patent, for example, may be rather simple if you employed extremely
restricted claims, such as constructing a prototype out of a certain sort of
plastic. Although you are aware that another type of plastic may be used to
produce the item, unless you clearly state otherwise, the
The
most important question about your patent is:
Are
you actually going to be able to prevent your competition from making, using,
selling, or importing your invention based on the claims you are likely to
receive?
The
most important thing a patent does is give you the right to exclude others.
However, for a patent to really offer you a monopoly, it requires a strong
patent with solid claims.
Patent
attorneys are subject matter experts who understand the technical jargon of
various industries as well as the best way to increase the amount of protection
for an invention while still getting the patent accepted by the Nigerian Patent
and Trademark Office. To not confuse yourself, the source code of a software, web
application/Application Programming Interface (API), or the like is not
eligible for a patent application; rather, it is only eligible for copyright
because it falls under the protection of the expression of an idea in a
tangible form, which includes software source code..
In
addition, a patent lawyer doesn't just help you draft a patent application.
They also help you:
a)
Determine the patentability
of the item and whether it is new, non-obvious, and useful
b)
Create, document, and file
all application documents including descriptions, claims, drawings, and other
forms
c)
Perform patent research in Nigeria
and internationally to prevent patent infringement
d)
File the regular or provisional
patent application
e)
Pay for the applicable
patent application fees
f)
Defend your patent during
the application examination process
The
process above details getting a non-provisional patent, but even if you are
just looking to file a provisional patent by yourself, it is still important to
note that a provisional patent still must be very detailed on how to make and
use your idea. Drafting the provisional patent application could easily take a
few hundred hours of research, patent searching, reading, writing the
application in a specific terminology, and creating drawings per application.
You must also manage this entire process and meet the deadline for filing your
non-provisional patent within 12 months. All of this would be needed for just a
provisional patent which is typically less than 10 pages and written in an
informal style.
If
you are going to draft your own patent, it is usually a good idea to have a
patent lawyer read over what you have written. Although this is less expensive,
writing it yourself takes significantly more time. If you are concerned about
the expense, you may always request that the patent lawyer put a cap in place
ahead of time.
It
is also vital to recognize the distinction between a patent agent and a patent
attorney. Patent agents are not permitted to represent parties in litigation or
engage in any legal profession. They can prepare and file the application,
react to letters from Nigerian Patent and Trademark Office examiners, and take
part in amendments. However, patent agents cannot advise the individual on the
legal implications of ownership of the invention (ex: divorces or making a
will).
