Examined Patent
"It is the system that provides 20 years of protection to the inventor with a patent with examination, which is one of the patent applications."
The applicant, who applies for a patent, decides how to proceed with the application, taking into account the documents related to the technical field specified in the incoming search report regarding the application. These are;
• Withdrawal of application
• Examined Patent
• Unexamined Patent
If the applicant decides to continue the application if the search report is positive, he / she decides that it will continue with or without examination within 3 months. If the inspected system is not notified within these periods, it is continued with the mandatory unexamined system preference.
In the choice of patent with examination, it is preferred through which country office the examination report is requested to be made.
Examination Offices
• Austria
• Russia
• Sweden
• Denmark
• Turkish Patent Institute
In addition, the language of the examination report is specified at this stage.
The publication of the application is 18 months after the application date, if there is no early publication request. If there is an early publication request, it will be published on the 21st of the next month.
Publication and Opposition
The application and the research report are published together. Third parties have the right to appeal within 6 months after the research report is published.
The opposition made may be that the invention is not new, the state of the art is not exceeded, and the conditions of patentability are not available, including that the description is not sufficient. The applicant can submit an observation on the opposition within 3 months. If he/she does not express his/her observation, the examination report is prepared by taking the opposition into consideration.
Analysis report; It is the last step to decide whether the invention applied for is patentable or not. In the examination report, the invention is examined in terms of patentability criteria.
Examination In the report, it is reported whether the invention meets the patentability criteria and the reasons for the decision, taking into account the relevant documents.
If the examination report is positive, that is, if all requests meet the patentability requirements and there is no deficiency, the "document decision" letter will be issued.
If there is a negativity in the examination report, that is, if the requests do not meet the patentability requirements partially or completely, or if they contain any deficiencies, a "negative examination report" is sent to the applicant. Any deficiency or opinion must be made within 6 months.
Within 6 months of the publication of the 1. examination report, the applicant can request a 2. examination report.
In the request for 2. examination, it may put forward its reasoned opinions to eliminate the negativities in the first examination report and, if deemed necessary, can make changes in the application. If a change is made in the description, the change is published in the Bulletin.
While preparing the 3. examination report, the opinions put forward by the applicant and the changes in the application, if any, are examined. If, as a result of the examination, it is decided that the negativities in the first examination have been eliminated, the "document decision" is issued.
If it is decided that the negativities in the first examination continue, the examination report is written in negative. Again, there is a 3-month opposition period against the negativity, or the right to request a 3rd examination report is requested within 3 months. This time, the applicant is entitled to change the examination report office.
Since this review is the stage at which the final decision is made, a "document decision letter" is sent stating that a document will be issued for positive requests even if the requests are partially positive (in terms of some requests).
As a result of the examination, if it is decided that the negativities in the second examination have not been eliminated, it is notified with the "application rejection" letter and its grounds.