Patent/ Utility Model

What is Invention?

Invention is the product of the idea that has a technical feature for the solution of a problem we encounter in technology issues. All solutions developed for a technical problem qualify as inventions. Any invention that does not contain a technical feature is not considered an invention.

What is a Patent and a Utility Model?

A patent is the fundamental right granted to the inventor to prevent unauthorized production, use or sale of your invention by others for a limited time and place. The document given to the owner of this right is called 'Patent Certificate'.

A utility model, on the other hand, is an industrial property right that protects inventions that are new globally and that have proven to be applicable to industry.

Subjects that cannot be patented:

• Discoveries, scientific theories, mathematical methods
• Plans, rules and methods for mental activities, work activities or games
• Computer programs
• Aesthetic products, literary and artistic works and scientific works
• Presenting information
• Inventions whose subject is contrary to public regulation and general morality
• Plant varieties or animal breeds and biological processes that will be the basis for plant and animal production, excluding microbiological processes or products obtained as a result of these processes
• All treatment methods, including diagnostic methods and surgical methods to be applied to the human and animal body
• The mere discovery of one of the elements of the human body, including the human body and a gene sequence or partial gene sequence, at various stages of its formation and development
• Human cloning operations, operations to alter the genetic identity of the human germ line, use of human embryos for industrial or commercial purposes, genetic identity modification operations that may cause suffering to animals without providing significant medical benefit to humans or animals, and animals obtained as a result of these operations.

Inventions that cannot be protected by a utility model:
(Patentable Ones)

• Chemical and biological substances, methods and inventions obtained as a result of these methods
• Pharmaceutical substances, methods and inventions obtained as a result of these methods
• Biotechnological inventions
• Inventions regarding methods and products obtained as a result of these methods

Types of Patents

Inventions can be protected in Turkey with 3 systems;

• Examined Patent System
• Unexamined Patent System
• Useful model

Examined Patent System

It is a document that can be obtained within a research report. The duration of the patent granted after examination is calculated from the date of application and is twenty years that cannot be extended.

Unexamined Patent System

A patent granted without examination is valid for seven years. In the event that the examination request is made within a period of seven years and it is decided to grant a patent as a result of the examination, the term of the patent may be extended to twenty years from the date of application. If the request for examination is not made within seven years at the latest after the application date, the right expires. After the seven-year period has elapsed, the right to request a review ceases.

The process of issuing a utility model certificate is more convenient in terms of both time and cost compared to granting patent registration.

Objections

After the decision to grant the patent is published in the Official Patent Bulletin, it is possible to object to the patent application by third parties within 6 months.

Objections deemed appropriate are notified to the patent owner and time is given to present the reasons or make changes if deemed necessary.

At the end of the process, objections and changes are evaluated and decided by the board.