What is Patent?
"Patent is the rights that an invention which is novel in the World and in Turkey, provides solutions to a present technical problem or shows the way to solve such problems. The certificate showing this right is named as the patent certificate."
Patent applications ensure a protection maximum for a period of 20 years starting from the date of application.
What is an invention?
An invention is an intellectual product which is used to solve a technical problem and has a technical feature.
The most important quality of an invention is that it has a technical feature. Elements which do not have a technical feature remaining only into intellectual aspect cannot be qualified as an invention. An invention may sometimes be an improvement on a device or a tool that is produced in a completely new field or on an already known product or a method.
Which Inventions May Be Patented?
An invention may be patented if it meets the following criteria;
- It is new (absolute innovation, global innovation)
- The technique’s known status is exceeded (if a technical status cannot be issued by a person specialized in relevant field)
- It can be applicable for the industry (it is applicable to and producible in a field of industry)
What Cannot Be Patented?
- Inventions contrary to general ethics and public order
- Inventions with regards to biological reproduction of vegetable or animal species,
- Discoveries, mathematical theories,
- Literature or art works, software
- Surgical treatment procedures that may be applied on human body
Invention Protection Systems
Inventions may be protected by 3 systems in Turkey;
- Patent System with Examination
- Patent System without Examination
- Utility Model
Patent System with Examination; Patent is a system granted depending upon an examination report. A protection of 20 years may be obtained and the protection period cannot be extended.
Patent System without Examination; This is a system granting a protection for a period of 7 years. However, inventor and third persons may request for examination prior to end of such period. In case of a positive examination report, a protection period of 20 years and certificate of patent with examination is granted taking the application date as basis.
Utility Model; In this system no research reports and examination reports are required. It is easier, cheaper and can be obtained in a shorter time compared to other systems with and without examination. The applicant may request for a research report. Objections may be raised by third persons within 3 months following publishing of Utility Modelapplication. The applicants or their attorneys may respond to objections. Protection period is 10 years starting from the date of application and this period cannot be extended.