Use of Utility Models/Patents for the Encouragement of Local Innovations in Developing Countries: Lessons for Nigeria

Abstract

Patents are granted to new inventions in order to encourage innovation and technological advancements in the society. Nevertheless, the mere existence of these laws in developing countries has not necessarily translated to increased innovations and technological advancements in these countries. There is also the argument that the patent system favours the global North as evidenced in the fact that most of the patent applications made in many developing countries are from the developed world rather than from local inventors. Utility models (sometimes referred to as minor patents) are being used by some countries to encourage innovation among local inventors by providing a lesser protection to inventions which may find it difficult to meet the requirements of the patent system. This research examines the legal protection of utility models.
It focuses, particularly, on the extant provisions available in selected jurisdictions which already have this law and examines whether the existence of this legislation has had significant effects in the promotion of local innovation. The Nigerian Patent Registry has recently been granting utility models, albeit in the absence of a clear legislative provision or backing. This study is essential to draw lessons for Nigeria, a developing country equally seeking to drive innovations and developments within its territory through utility models.