COMPARATIVE PERSPECTIVES TO PATENTABILTY OF SOFTWARE INVENTIONS IN AFRICA

Abstract

The world is fast going digital, whereby technology has permeated every sphere of life including inventions. Technological applications, artificial intelligence, blockchain have had great impact on intellectual property requiring protection for this computer-based invention. Patent is one of the rights provided by Intellectual Property giving the patent owner the exclusive rights over his inventions. This study will give a comparative analysis to the patent laws in Africa with a focus on Nigeria, SouthAfrica and Ghana to examine what is considered inventions that are not patentable and inventions that are patentable. It particularly considers how their laws regard software inventions. Are they inventions? If they are, are they patentable? A comparative analysis was done by considering jurisdictions with best practices like the USA and Japan. A doctrinal research design which is adopted from a qualitative approach of research is used to carry out this study. The Primary sources includes, Patent Laws of the various countries and The Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) which will be analyzed. Secondary sources from journal articles, and research papers obtained from public, private and electronic libraries, as well as online materials, will also be examined. It is the finding of this research that Patent Laws in Africa as it is can accommodate the patent of Software Inventions. There is however, a need to amend the Patent Laws to meet with the times driven by technological inventions. This will enable Africa benefit economically from the wealth of technological and software-based inventions.