NIGERIA S RESEARCH SYSTEM AND THE CULTURE OF PATENTING

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1 NIGERIA S RESEARCH SYSTEM AND THE CULTURE OF PATENTING By Dr. A. A. Oyewale Principal Research Officer National Centre for Technology Management Obafemi Awolowo University, Ile-Ife. Nigeria. Paper Presented at the Intellectual Property Rights for Business and Society, London Conference, September 14 and 15, 2006.

2 INTRODUCTION Patent: the legal protection placed on technological activities embodied in inventions to prevent their unauthorised exploitation Can be licensed for Industrial Exploitation Information contained in patent documents could stimulate research into new areas Patent-based statistics used to indicate inventive performance of countries Claims of Invention Generation from Nigerian Universities, Polytechnics & Research Institutes No commensurate registration of patent from Nigeria

3 INTRODUCTION (Contd) Nigerian Researchers maintained conformity with university s age-old norm of searching for knowledge without considering its application Publish their findings in Learned Journals The study herein reported aspired to discover the reasons for the apparent apathy of Nigerian researchers towards patent generation

4 INTRODUCTION (CONTD) The study aimed to find: Whether Nigerian Researchers have Patent Education If they are motivated to patent their inventions Study focused on: Pharmaceutical Researchers Food Science and Technology Researchers Metallurgy and Materials Researchers Nigerian Universities and Research Institutes

5 LITERATURE Introduction REVIEW The Patent System: National patent offices Regional patent offices The World Intellectual Property Organisation (WIPO) Formed in 1974 Functions of the Patent System Monopoly Function Information Function

6 LITERATURE Introduction REVIEW (CONTD) Government used to the major sponsor of Research in universities and research institutes Decline in Government Funding made the Institutions source for Contract Research and Income from Patents Experience shows that technological development would not progress where: people were free to copy ideas there is no advantages in originating an idea

7 LITERATURE Introduction REVIEW (CONTD) Universities are governed by a professional ethic, where: Research is motivated by the quest for knowledge for the sake of knowledge New ideas are disclosed in journal publications for Public Usage Demand for Technology Transfer (TT) to Industry recently added to University roles In response, Universities patent their inventions In the USA, the enactment of Bayh-Dole Act of 1980 promoted TT

8 THE STUDY Data Collection and Analysis Study Conducted in 2002 Covered Nigerian Universities and Research Institutes Focused on Departments & Researchers of: Pharmaceutical Studies Food Science and Technology Metallurgy and Materials Engineering

9 QUESTIONNAIRE RETRIEVAL No. Organisation Surveyed Number of Questionnaires Administered Number of Questionnaires Retrieved Retrieved Questionnaire as Percentage of Administered 1. Educational and Research Organisations Universities Food Science Pharmacy Metallurgy Research Institutes Industrial Research (Cocoa) Pharmacy Metallurgy Individual Researchers Universities Food Science Pharmacy Metallurgy Research Institutes Industrial Research (Cocoa) Pharmacy Metallurgy Total

10 Study did not scrutinise the inventions for patentability if they meet necessary criteria RESULTS AND DISCUSSIONS Sponsorship of Research and Development Activities in Nigeria Federal Government of Nigeria is the Major Financier About 40% of the EROs and 20% of Researchers obtained additional funds from other sources Inventions Generated by: 50% of FSTD 67% of the Faculties of Pharmacy 67% of MMSD The three Research Institutes All (100%) researchers in Pharmaceutical Studies All (100%) researchers in MMSD 60% from FSTD

11 ESULTS AND DISCUSSIONS (CONTD) Patenting of the Inventions About 27.3% of the ERO had Patents Industrial Research Institute Pharmaceutical Research Institute University FSTD 10% of University Researchers have filed patent applications Pharmaceutical studies MMSD 95% researchers had interest in patenting inventions 5% were disinterested

12 ESULTS AND DISCUSSIONS (CONTD) Reasons for Researchers not Patenting Inventions Ignorance of Procedure 50% of FSTD 17% of Pharmaceutical 67% of MMSD Procedure was difficult 17% of Pharmaceutical Process consumes time Research results were already published 50% of FSTD researchers

13 ESULTS AND DISCUSSIONS (CONTD) Reasons for Researchers not Patenting Inventions (Cntd) inventions needed further refinement or developmental efforts 33% of Pharmaceutical researchers Researches that generated the inventions were government-sponsored 50% of FSTD researchers 33% of MMSD researchers Nigerian researchers have not been active in patenting of inventions Albeit low, Researchers in Pharmaceutical Studies were most active in patenting inventions, followed by those in FSTD, and least in MMSD.

14 ESULTS AND DISCUSSIONS (CONTD) Institutional Infrastructure for Patent Communication Gaps exist within Nigeria s National Innovation System Patents could bridge the gaps Incompatibilities of the cultures of academia and industries necessitated the establishment of specialised brokerage institutions Industrial Liaison Technology Transfer Offices process patent applications manage, market and license patents and other IP 10% of the ERO claimed to have Industrial Liaison Office

15 ESULTS AND DISCUSSIONS (CONTD) Ownership of Government-Sponsored Research Patents Provisions for the ownership of patents resulting from government-sponsored researches: the Head of Government shall decide whether an officer (who generates an invention) shall or shall not be allowed controlling rights in the patent The Head of Government shall determine whether an award shall be made, the amount thereof, and the share of commercial proceeds to be reserved to the government, or to be allowed to the officer Provisions are laudable, but inadequate to motivate patenting The change in the US patent law through Bayh-Dole Act of 1980 stimulated increase in university patents in the US

16 CONCLUSIONS Nigerian universities and research institutes generated some inventions Few of the inventions have been patented Researchers are not sufficiently motivated Patent education is poor in Nigerian institutions Institutional infrastructures like Industrial Liaison or Technology Transfer Offices were absent in Nigerian institutions Government position in respect of ownership of patents is inadequate Indication of poor state of patent culture within Nigeria s research system universities, research institutes and

17 Nigerian government should pass ownership of patents that emanate from government-sponsored researches to researchers and institutions/institutes where hey are developed RECOMMENDATIONS Patent education should be mounted in all universities, polytechnics and research institutes Conduct comprehensive study of the understanding of patent issues by Nigerian researchers Technology brokerage organisations - Industrial Liaison or Technology Transfer Offices should be opened in Nigerian universities, polytechnics and research institutes

18 RAY OF HOPE FROM RECENT DEVELOPMENTS? The world Intellectual Property Organisation (WIPO) and The Federal Government of Nigeria Through The National Office for Technology Acquisition and Promotion (NOTAP) Organised: A National Workshop on Intellectual Property (IP) A Stakeholders Round Table Meeting on Development of IP Strategy in Nigeria Between August 28n and September 1, 2006 Formulation of National and Institutional IP Policies Establishment of Technology Transfer Offices in Institutions Overhaul of Nigerian IP Agencies The National Centre for Technology Management (NACETEM) is conducting a Study to obtain Baseline information n the understanding of patent issues by Nigerian researchers Covering 10% of universities, polytechnics and research institutes

19 BRIEF ABOUT NACETEM The National Centre for Technology Management (NACETEM) Established by the Federal Government of Nigeria under UNESCO initiatives in September 1992 as a Parastatal of the Federal Ministry istry of Science and Technology, and was cited in the Obafemi Awolowo University Constitutes the Software Component of Nigeria s s Science, Technology and Innovation (STI) Endeavours Conducts STI Policy Research and Training Mission To play a leading role in the build-up up of expertise for effective Science, Technology and Innovation Management and to actively engage in Policy Research, Design, Evaluation and Review Vision To become an internationally recognised Centre of Excellence in Science Technology and Innovation Management for sustainable development

20 MAJOR ACTIVITIES OF NACETEM Policy-Oriented Research Manpower Development

21 ACTIVITIES OF NACETEM (CONTD) POLICY-ORIENTED RESEARCH POLICY FORMULATION POLICY REVIEW POLICY APPRAISAL

22 ACTIVITIES OF NACETEM (CONTD) TRAINING PGD PROGRAMME SHORT-TERM COURSES WORKSHOPS & CONFERENCES

23 ACTIVITIES OF NACETEM (CONTD) Involved in Reformation of Nigeria s Science, Technology and Innovation System Mandate of NACETEM expanded to include Innovation Management cover African Region

24 AREAS OF POSSSIBLE COLLABORATIONS WITH NACETEM NACETEM has Memoranda of Understandings with some Institutions Seeks for collaborations in: Staff Training and Development Research Project Sponsorships Conference/Workshop Sponsorships Material Donations Website:

25 THANK YOU FOR YOUR ATTENTION!