Can software be patented in Nigeria?

Software can also be protected under patent law in Nigeria, if it satisfies the basic requirements of patentability. Unlike copyright which protects software codes, patent protects the invention including the method and processes used in developing the software, once they have been fixed in a tangible format.

Can I patent a software?

In India, software is not directly patented but it can be granted patent if it is attached with novel hardware, an invention which is unique and capable of industrial use.

Is computer software copyrighted or patented?

Computer software or programs are instructions that are executed by a computer. Software is protected under copyright law and the inventions related to software are protected under patent law.

How much does it cost to patent an idea in Nigeria?

Nigeria patent

Nigerian national phase patents may be filed up to 30 months from the priority date of the patent application. The typical cost to file a Nigerian patent is US$1,235 filing fee.

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Is software considered intellectual property?

The law is the best way to protect material such as software. To use the law as protection, programmers and businesses treat software as intellectual property.

What are the 3 types of patents?

The three types of patents are utility patents, design patents, and plant patents. A utility patents protect the function of a composition, machine, or process.

Are software patents worth it?

A software patent may not be worth your time or money, but there are other ways to protect yourself. … Although patents for things other than software are legitimate and have a clear purpose, software patents feel like a joke.

What can be patented in software?

(1) The “abstract idea” requirement – A software based invention is patent eligible if it “improves computer functionality” by, for example,

  • enabling computations that were previously unavailable or could not be performed by computing devices,
  • speeding up previously available computing processes, or.

Which software is a copyrighted software?

In India the Copyright Act, 1957 grants protection to original expression and computer software is granted protection as a copyright unless it leads to a technical effect and is not a computer program per se. The computer software which has a technical effect is patentable under India Patent Act, 1970.

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

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How long does patent last in Nigeria?


A Patent expires after 20 years from the date of the filing of the relevant patent application.

What can and Cannot be patented?

According to the Patents Act, an invention cannot only constitute:

  • a discovery, scientific theory or mathematical method,
  • an aesthetic creation,
  • a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,
  • a presentation of information,


How can I get a free patent?

Is it possible to obtain a patent for free? Only under limited circumstances, which are laid out in Section 708.01, List of Special Cases, in the Manual of Patent Examining Procedure (MPEP). If your concept fits, you will need to prepare a statement of facts to justify special consideration for a fee waiver.

What are the 4 types of intellectual property?

Four Types of Intellectual Property Protections

  • Trade Secrets. Trade secrets refer to specific, private information that is important to a business because it gives the business a competitive advantage in its marketplace. …
  • Patents. …
  • Copyrights. …
  • Trademarks.

What kind of intellectual property is software?

Software intellectual property, also known as software IP, is a computer code or program that is protected by law against copying, theft, or other use that is not permitted by the owner. Software IP belongs to the company that either created or purchased the rights to that code or software.

How do I protect my computer software intellectual property?

4 Ways To Protect The Intellectual Property Of Your Software

  1. File a Copyright. A copyright is the protection of an idea or other information that has been developed by the copyright holder. …
  2. File for a Patent. A patent grants property rights to the inventor of a new invention. …
  3. Think Hard About Source Code Licenses. …
  4. Have Developers Sign an IP Assignment Agreement.
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