ABSTRACT
Research and development is the foundation of innovation. In Nigeria, most researches are embarked on in universities and research institutes, which are public-funded (by the government). This form of funding subjects the researchers to public service rules, resulting in an employment with statutory flavour (governed by statute). An employee is entitled to fair remuneration for inventions made in the course of employment, based on activities regarded as the process of inventing in the Patent and Designs Act (PDA) 1970. Regardless of the absence of a contract of employment on inventive activity, an employee remains reliant on the data and materials provided by the employer for inventions and in some situations the invention could be of exceptional importance. The aim of this work is to identify the relevant rules and regulations regarding inventions by employees reliant on public funds and discuss their impact on inventions in Nigeria. Extant provisions in the United Kingdom on employee-invention patents are considered. Recommendations on reform of patent law in Nigeria, specifically on employee invention in a way that it encourages innovation is provided.
