Protecting Patent&UM Applications Around the World
Patents or utility model documents are documents that provide protection in that country if it is obtained in that country. For this reason, protection provided by a Patent or Utility Model Certificate obtained in Turkey provides protection only within the borders of the Republic of Turkey.
If protection of the invention is requested at the international level, applications must be filed with the patent offices of the requested countries or with certain community protection organizations. Patent applications can be made based on the utility model application in Turkey in non-utility model protected countries.
How to make a Patent Application Abroad
The number of countries for which patent application protection is requested abroad can be carried out in a few different ways, at a lesser cost, taking into consideration the number of countries and the communities in which they are located. The types of applications are briefly explained below;
Classic Patent: It should be preferred in cases where the protection is limited to only 2-3 countries. Individuals are requested separately from the country offices requested in this application.
PCT (Patent Cooperation Treaty): It should be preferred if patent protection is requested in many countries. Currently, there are 152 member countries of the PCT. A single search report organized in the PCT phase can be transferred to the related countries as a research report is prepared. Moreover, countries with a transitional period of countries generally have sufficient time to decide their rights since the period of application is 30 months from the date of application (if the priority is from the date of priority). This is a highly preferred type of application.
EPC (European Patent Convention): It should be preferred only if European protection is considered. There are 42 member countries. In the case of a positive review of post-European research and examination reports, all Member States recognize the document decision after the publication of the document decision. Protection is provided in the relevant countries by switching to the countries requested by the beneficiary.
EAPO (Eurasian Patent Organization): A type of community protection in which 9 member states are included in the countries of Eurasia. In the event of a document being issued, the protection can be continued in all countries if the annual renewals are made on time. In countries where protection is not requested, protection can be terminated without annual renewal.
If a patent or utility model application filed in Turkey is filed in other countries of the Paris Convention within 12 months of the date of filing and if PRIORITY CLAIMED APPLICATION is requested during the application, the applicant's application date in Turkey when compared to the other countries, the other applications and claims to be made for the same invention shall be deemed void.
