Intellectual Property in 2026: Nigeria’s Tech Landscape in Global Context .

By Onyekeja Ugochukwu Stephen  

Introduction

By 2026, the global IP ecosystem has shifted from broad patent eligibility to a strategic bifurcation: patents for foundational technologies and hardware, copyright for application layer software. Nigeria, through its National Intellectual Property Policy and Strategy (NIPPS) launched in late 2025, has aligned with this global trend while tailoring reforms to its local innovation economy.

The Two Pillars of Patent Eligibility in Nigeria

1. Fundamental Enabling Technologies (Software Infrastructure)

Nigeria now reserves patents for software-to-software systems that enable other software creation. Examples:

• Compiler infrastructures (LLVM-like systems).
• Software Development Kits (SDKs).
• High-Level Synthesis (HLS) tools.

These qualify because they solve technical problems at the level of computer operation, satisfying the “technical character” requirement recognized by Nigerian courts and the Nigerian Industrial Property Office.

In the Nigerian legal landscape of 2026, the strategy for protecting software has shifted from the pursuit of difficult-to-attain patents to the strategic use of Copyright and Trade Secrets.

This transition is driven by the understanding that most software, specifically at the

“application layer”, is fundamentally an expression of logic rather than a physical invention.

Application-layer software (such as fintech dashboards, e-commerce platforms, or SaaS tools) is often seen as a digital version of a “business method.” For example, the idea of processing a mobile payment is considered an abstract business concept. Because patent law requires a “technical character” (an improvement to how a computer actually works), courts frequently reject patents for apps that merely automate existing human activities.

Consequently, once you strip away the specific code, the “logic” of an app is often viewed as an unpatentable abstract idea.

The Three Pillars of Software Copyright

To counter this, Nigerian developers rely on the Copyright Act 2022, which classifies computer programs as Literary Works. This allows for protection across three specific areas:

1. Source Code Protection: The actual text written by developers (Python, Java, C++, etc.) is protected as a literary creation. This prevents competitors from “copy-pasting” or “decompiling” the code to build a rival product.
2. User Interface (UI) Design: The visual arrangement, icons, and aesthetic layout of a dashboard are protected as Artistic Works. This ensures that even if a competitor writes their own code, they cannot legally mimic the “look and feel” of your platform.
3. Unique Function Calls and Workflows: Copyright extends to the specific sequence of instructions and “logic flows” that make an app unique. This protects the organizational structure and the way different software components interact to deliver a specific user experience.

The Role of NIPPS (National Intellectual Property Policy and Strategy)  The NIPPS 2025/2026 framework is the government’s official roadmap for the digital economy. It explicitly encourages startups to favour Copyright and Trade Secrets over patents for several strategic reasons:

• Speed of Protection: Copyright is automatic upon creation, whereas the Nigerian Patent Registry currently faces significant backlogs. For a fast-moving fintech startup, waiting years for a patent is not viable.
• Trade Secrets for Algorithms: NIPPS advises startups to keep their “secret sauce” (like credit-scoring algorithms or AI model weights) as Trade Secrets. Unlike patents, which require you to publish your invention to the world, trade secrets provide protection through confidentiality, which lasts as long as the secret is kept.
• Commercialization and Funding: By following NIPPS guidelines, startups can use their registered Copyright Certificates as “collateral” to secure venture capital and loans, treating their code as a tangible financial asset.

2. Tangible Engineering Hardware (Physical Systems)

Hardware innovations remain the strongest candidates for patent protection in Nigeria:

• System-on-Chip (SoC) architectures.
• Robotic actuators.
• Biometric sensor hardware.

These inventions are physical, measurable, and thus eligible for utility patents, consistent with Nigeria’s industrial property regime.

In the Nigerian industrial landscape of 2026, hardware innovations represent the most secure and straightforward path to obtaining a patent. Unlike software, which is often debated as an “abstract idea,” hardware is inherently physical. Under Nigeria’s Patents and Designs Act, an invention must be new, result from an inventive step, and be capable of industrial application. Because hardware is “tangible” and “measurable,” it easily satisfies the requirement of having a technical character.

1. System-on-Chip (SoC) Architectures

An SoC is an integrated circuit that integrates all or most components of a computer or other electronic system into a single chip. In Nigeria’s growing tech-manufacturing hubs, patenting a unique SoC architecture is a high-value move.

• Why it is Patentable: It represents a physical advancement in electrical engineering. Whether it is a chip designed specifically for low-power processing in rural areas or a specialized processor for local telecommunications, the physical layout and the interaction of its electronic components are considered industrial inventions rather than mere code.

2. Robotic Actuators

Actuators are the “muscles” of a machine; they are the mechanical components responsible for moving or controlling a mechanism or system.

• Why it is Patentable: These are purely mechanical and electrical innovations. As Nigeria moves toward automated agriculture and smart manufacturing, a new type of actuator, such as one that allows a drone to grip sensitive crops without damaging them, is a “textbook” example of a patentable invention. It is a physical solution to a

physical problem, making its utility easy to demonstrate to the patent registry.

3. Biometric Sensor Hardware

While the software that analyzes a fingerprint might be copyrighted, the physical sensor that captures the data is patentable. This includes the lenses, the specialized light-emitting diodes (LEDs), and the circuitry used to scan retinas or fingerprints.

• Why it is Patentable: These devices rely on the laws of physics, optics, and electronics. Given Nigeria’s heavy reliance on biometric verification for banking (BVN) and voting (IVED), hardware that improves the accuracy or durability of these sensors in tropical climates is seen as a vital industrial contribution.

The Benefit of Physical Tangibility

In Nigeria’s industrial property regime, these inventions are preferred for patents because they can be physically inspected and tested.

• Measurability: A patent examiner can measure the power output of an SoC or the torque of a robotic actuator.
• Industrial Utility: These products can be manufactured in a factory, fitting perfectly into Nigeria’s goal of boosting local production.
• Enforcement: It is often easier to prove that a competitor has copied a physical machine or chip design than it is to prove they have “copied” the logic behind a software application.

By focusing on these “Hard-Copy” technologies, Nigerian innovators can secure Utility Patents, which provide a 20-year monopoly, preventing any other entity from making, selling, or using the physical invention without permission.

Why Application-Level Software in Nigeria Leans on Copyright

Like the US and EU, Nigerian courts increasingly view application-layer software (e.g., fintech dashboards, SaaS platforms) as “abstract ideas” when stripped of their code.

Consequently, Nigerian developers rely on copyright for:

• Source code protection.
• User interface (UI) design.
• Unique function calls and workflows.

This approach is reinforced by NIPPS, which encourages startups to use copyright and trade secrets rather than patents for application logic.

The legal shift in Nigeria, codified by the National Intellectual Property Policy and  Strategy (NIPPS) 2025/2026, mirrors the “abstract idea” doctrine seen in the US and EU by prioritizing Copyright and Trade Secrets over patents for application-layer logic. This strategic redirection is essential for Nigeria’s high-growth sectors, such as Fintech and SaaS, where the core value often lies in the “logical flow” and user experience rather than a novel hardware invention. For instance, a fintech dashboard (like those developed by Moniepoint or OPay) may be denied a patent because its underlying function, facilitating financial transactions is viewed as an “abstract” business method.

However, under the Copyright Act 2022, developers can protect the specific source code, the UI/UX layout, and the unique API function calls as literary and artistic works. By leaning on this framework, NIPPS allows Nigerian startups to bypass the technical hurdles and multiyear delays of the patent registry, instead securing immediate, enforceable rights that protect the “expression” of their code while keeping the core logic as a trade secret to maintain a competitive edge.

Comparative Jurisdictional Analysis

Life + 50 years

Duration of

Life + 70 years  Life + 70 years Life + 70 years  (extended in some  Copyright  cases)

Case Studies

As the global tech economy matures in 2026, the strategy for protecting digital assets has moved from a “patent-first” mindset to a nuanced, multi-jurisdictional approach. Companies are increasingly aligning their IP portfolios with the specific judicial leanings of their operating regions.

      •  1. Nigeria: The NIPPS 2026 Strategic Shift

In the wake of the Nigeria Intellectual Property Policy and Strategy (NIPPS) 2025/2026, the focus in Lagos and Abuja has shifted toward the commercialization of digital assets. Nigerian fintech giants and SaaS startups have largely abandoned the pursuit of “Application-Layer” patents, which were historically prone to rejection as “business methods” in favor of a robust Copyright and Trademark hybrid. Under the Copyright Act 2022, developers now register their entire codebase and UI/UX flows as literary and artistic works, achieving immediate protection. By avoiding the 3-year backlog and high costs of the Patent Registry, these companies can pivot quickly, using their “Copyright Certificates” to secure venture capital and enforce “Cease and Desist” orders against clones.

  •  2. United States: Navigating the “Alice” Abstract Idea Doctrine

Over a decade after the landmark Alice Corp. v. CLS Bank decision, the U.S. patent landscape in 2026 remains challenging for AI-driven consumer applications. The USPTO and Federal Circuit continue to reject patents that merely “implement an abstract idea on a generic computer.” As a result, Silicon Valley has mastered the art of Trade Secret Governance for backend AI weights and training sets, while using

Copyright to protect the frontend execution. To successfully patent software in the U.S. today, an invention must demonstrate an “improvement to the computer’s functionality”, such as a new data compression algorithm or a specialized neural-link security protocol, rather than just a new way to process a financial loan.

  •  3. European Union: The “Technical Contribution” Threshold

The European Patent Office (EPO) 2026 Guidelines remain the gold standard for technical rigor. In the EU, software is only patentable if it provides a “technical contribution” to the state of the art. This creates a clear divide: Foundational Software (like compilers, kernel architectures, or encryption frameworks) that interacts directly with hardware is highly patentable. Conversely, Consumer-Facing Apps (like SaaS dashboards or e-commerce platforms) are generally excluded unless they solve a specific technical problem, such as reducing power consumption on mobile devices. Most European tech firms now rely on a “Unitary Patent” for their hardware components while safeguarding their software logic through the EU Directive on the Legal Protection of Computer Programs.

  •  4. China: Substantive Novelty and Ethical Guardrails

China’s CNIPA 2026 Patent Examination Revisions have introduced one of the world’s first “Ethical Compliance” hurdles for AI. In 2026, a Chinese AI patent will be rejected regardless of its technical brilliance if it is found to violate social ethics or data privacy laws (e.g., algorithms designed for covert data harvesting or discriminatory profiling). Furthermore, the CNIPA has raised the bar for “substantive novelty.” Simply applying an existing AI model to a new industry (e.g., “AI for shoe design” vs “AI for car design”) is no longer enough to secure a patent. Applicants must prove significant innovation in the algorithmic structure or model parameters themselves, pushing Chinese developers toward deep-tech R&D.

Conclusion

Nigeria’s IP ecosystem in 2026 reflects a strategic bifurcation, patents for enabling technologies and hardware, copyright for application-layer software. This mirrors global trends in the US, EU, and China, ensuring Nigerian innovators remain competitive while avoiding unnecessary litigation costs. China’s stricter ethical and technical standards highlight a growing emphasis on responsible innovation, a lesson Nigeria may adopt in future reforms.

References 

• Oyewole, S., Salami, A., & Abubakar, H. (2026, February 5). What you need to know about Nigeria’s National Intellectual Property Policy and Strategy (NIPPS). DLA Piper Africa. Retrieved from https://www.dlapiperafrica.com
• Counseal Team. (2025, February 4). Protect Your Nigerian Tech in 2026 (Complete Guide). Retrieved from https://www.counseal.com
• Adams & Adams. (2026, February 18). Nigeria Moves from IP Policy Design to FullScale Implementation. Retrieved from https://www.adams.africa
• Mathys & Squire LLP. (2026, January 1). China Raises the Bar for AI Patents: What Changes from 1 January 2026. Retrieved from https://www.mathys–com
• European Patent Office (EPO). (2025, December 22). China Patent Examination Guidelines 2026. Retrieved from https://www.epo.org
• (2025, November 18). 2026 Revision to the China Patent Examination Guidelines. Retrieved from https://www.cnipa.gov.cn
• Patent Panacea. (2024, September 25). Comparing the US and European Patent Systems. Retrieved from https://www.patentpanacea.com
• Alvarez Guede, M., & Bernier, K. (2024). The chasm between US and EU softwarerelated inventions. Retrieved from https://www.lexology.com

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This material is published with the technical and financial support of the law firm of Bezaleel Chambers International (www.BezaleelChambers.com).

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