Patent & Utility Model Registration
What Is PATENT?
A patent is the right of the inventor to produce, use or sell the invention for a specified period of time. At the same time, this right certificate is also called a patent. The "patent right", which has an important place in the industrial property rights, is more concerned with the developing countries, especially with regard to the technology transfer.
A patent is a document issued by an official body having an invention in the industry, and which provides the authority to prevent the invention from being used by others without their consent for a specified period of time. This document provides the right to dispose of the discovery of, use, sale and importation of the discovery of the discovery for a specified period of time.
The invention is an idea of novelty that provides a solution to a particular technical problem that is the product of human intelligence. This idea may relate to a product or a manufacturing process.
Protecting inventions with patents is not only a benefit to the patentee. On the contrary, the patent system has important functions at the national level and even at the international level. Patent protection of inventions not only rewards the inventor but also contributes to social and cultural development by enabling the mind products to be recognized by the community.
It also plays a role in the economic and political developments of the countries by effectively transferring technology, increasing foreign investments and determining industrial policies.
WHAT IS UTILITY MODEL?
A document that provides the right to manufacture and market the invention product for a period of 10 years that can be awarded for all products that meet the criteria for innovation and industrial applicability from patentability criteria, except for chemical substances and production methods.
Types of applications
Utility Model
In Turkey, an invention being novel and industrially applicable can be granted with a Utility Model certificate providing a protection term of 10 years. The term from filing to grant is approximately 12-14 months in case of a smooth procedure. There is no official novelty search in registration procedure while third parties can file their objections within 3-months term before the grant.
National Patent Applications
An invention being novel, inventive and industrially applicable can be granted with a patent with examination. The term of the patent with examination is 20 years. The term from filing to grant is approximately 24-36 months in case of a smooth procedure depending on the number of examinations done. In Turkey, there is also another type of patent called patent without examination which provides 7 years of protection. Applicant has right to elect patent without examination certificate after the completion of search report without any patent examination. This means, such a certificate can be obtained within 12-24 months from filing.
PCT Applications
PCT Chapter I or II applications can enter the national phase in Turkey within 30 months from the priority date. On the other hand, 3 months extension to national entry is possible with a fine. If there is no negative consideration in IPRP Turkish Patent Institute grants such an application without conducting any further examination. In the interim, national route is open in Turkey.
EP validations
Turkey adopted the EPC on November 1, 2000 and European Patents filed on or after this date can be validated. The validation have to be realized within 3 months from the publication date of their grant in a relevant EP bulletin. Accurate translations bear importance as in case of litigation Turkish translation is taken into account according to Article 15 of the relevant EPC regulation of Turkey.
Divisional applications
In analogy with the Paris Convention, applicants can file divisional applications before the final decision of the TPI. As known, priority date of a parent application is also preserved for divisional applications thereof.
In addition to the above, by filing internationally published claims; pending PCT or EP applications can benefit from the provisional protection in Turkey in order to defend their inventions as from an earlier date in case of an infringement.
On the other hand, applicants have also right to file additional patent applications for all additional features improving the main subject matter prior to grant of their main applications. Inventive step and annual fees are not required for additional patents.
Bursa Vizyon Patent Consultancy Inc. firm provides services to Turkey and the world companies by combining the experience of Patent and Consultancy experiences, the dynamism and the experiences of the educated staff, adding the extraordinary power of communication to them and sharing information and technology. It provides services in the fields of industrial property (patent, trademark, design etc.), law and management consultancy with its staff consisting of trademarks and patent attorneys, international trade specialists and legal advisors.
