PATENT PROTECTION AND PHARMACEUTICAL INNOVATION: BALANCING U.S INNOVATION INTERESTS WITH HEALTHCARE NEEDS IN NIGERIA

Pharmaceutical patents play an important role in encouraging innovation in the global healthcare industry. By granting exclusive rights to inventors for a defined period, patent protection enables pharmaceutical companies particularly those in countries such as the United States to recover the high costs associated with research, development, and clinical testing of new medicines. However, while strong patent protection supports innovation, it can also create challenges for developing countries where the high cost of patented medicines may limit access to essential healthcare. Nigeria, like many developing nations, therefore faces the difficult task of respecting international intellectual property obligations while ensuring that its population can obtain affordable medicines. This article explores how a balance can be achieved between protecting pharmaceutical patents and addressing public health needs in Nigeria. It examines the legal frameworks governing pharmaceutical patents at the international, United States, and Nigerian levels, with particular attention to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the public health safeguards recognized under the Doha Declaration. The article also analyzes Nigeria’s patent system under the Patents and Designs Act and considers the legal mechanisms available for improving access to medicines. The study argues that Nigeria can respect U.S. pharmaceutical innovation interests while still protecting public health by making effective use of legal mechanisms permitted under international law. These include compulsory licensing, parallel importation, voluntary licensing arrangements, and the promotion of generic drug competition. Ultimately, the article concludes that a carefully designed legal and policy framework can enable Nigeria to maintain compliance with international intellectual property standards while ensuring that essential medicines remain accessible and affordable to its population