APPRAISING THE CONDITIONS FOR PATENT GRANT AND ITS IMPACT ON NIGERIA’S TECHNOLOGICAL DEVELOPMENT DRIVE

Abstract

Nigeria is a developing nation, and it is found that the conditions for the grant of patent are very difficult to fulfill in developing nations which is characterised by lack of capital, good science education and social facilities like stable electricity. Developing nations are unable to meet up with the already existing technological development not to mention the creation of new products eligible for the grant of patent. The reality is that the overwhelming majority of patents granted by developing countries are granted to foreigners. This work found that Patent system inhibit inventive activity since there is little incentive for domestic companies to invest in developing products in an area heavily covered by the patents of foreign competitors. This work also uses the doctrinal research approach to appraise the conditions of patent grant and the extent to which it has impacted either negatively or positively on Nigeria’s technological development drive. It also explores the legal and economic consequences of participation by Nigeria in the legal regime of the international patent system and makes recommendations concerning the extent to which Nigeria should continue to participate in the international patent system or restrict foreign patent to foster technological development of the country. Before the above is done, we shall make a clarification of key terms used in this work.