Rethinking the Protection of Patent Cooperation Treaty (PCT) in the Context of Digital Science and Internet Expansion – A Nigerian Perspective

Abstract

The digital revolution has transformed intellectual property protection, making patent safeguarding through the Patent Cooperation Treaty (PCT) crucial for innovation. Established in 1978, the PCT simplified international patent applications via the World Intellectual Property Organization (WIPO). However, technological advances have exposed weaknesses in this framework, particularly for developing nations like Nigeria. This paper examined the PCT's effectiveness in protecting digital creations and identified its limitations in Nigeria’s digital landscape. It investigated the legal and institutional obstacles Nigeria encountered when updating patent laws for digital and internet-based innovations, it explored how the country can modernize its intellectual property framework to align with international standards. This study employed doctrinal legal analysis. It was found that significant challenges stood as obstacles in Nigeria’s ability to revise its patent legislation for digital innovations. Furthermore, various impediments hindered practical reforms needed to synchronize Nigeria's patent system with digital realities and global benchmarks. The study concluded that Nigeria's antiquated patent framework required comprehensive modernization to adequately protect digital inventions. The current system's inadequacy undermined Nigeria's capacity to harness digital science for economic development and sustainability. The paper recommended urgent reforms to rejuvenate the patent system, ensuring robust protection for digital innovations and positioning Nigeria competitively in the global digital economy.