Our Services Related to Utility Model Application and Registration
- Before the application, preliminary research on the invention subject to the client’s request, using various databases in the world and Turkey and evaluation of the findings in the framework of the results obtained, finding the best protection method by exchanging opinions with the business owner and preparation of reference file, filing in Turkish Patent and Trademark Office (TURKISH PATENT).
- Proceeding all legal procedures after the application and registration.
- Proceeding all legal procedures such as licensing, transfer, change of name/address/type of the firm or holder after the application or registration of patent/utility model.
- Watching annual fees of the patents and informing the Clients about due dates of the payments in order to renew the patent protection.
General Information About Utility Model
Novel and industrially applicable inventions are granted the utility model document. Utility models are the protections provided for inventions however, in order for the invention to provide a useful model document, the criterion for exceeding the known state of the technique is not required to grant.
What is Utility Model?
It is a recognition of the right to produce and market the invention products which are new in Turkey and the world, and industrially applicable, to the owners of inventions for 10 years. After the end of the protection period, the subject inventions of the utility model documents become the property of the public. Utility models which are protected according to the Decree Law No. 551 are protected by the Industrial Property Law No. 6769 published in the Official Gazette dated 10 January 2017.
Required for an invention can be protected by giving the Utility Model Certificate Features:
Innovation: It must not be specified in written or other means in a way accessible by everyone in Turkey or in the world or not be used in local or country wide before the date of application.
Industrial applicability: It must be producible or usable in any kind of industry including agriculture.
There are no reviews for utility model applications. Thus, utility model documentation can be obtained in a shorter time and at a lower cost than the patent document. In this way it is facilitated to protect especially the inventions of small and medium sized industrial establishments and research institutions. However, the regulation of there search report, which was previously favored for utility model applications, has become mandatory by the Industrial Property Law No. 6769.
According to the arrangement in the law; The applicant asks for a search, with the application or without any notification, by paying the fee, within two months of the date of the application deadline and in accordance with the requirements laid down in the regulation. Otherwise the application will be considered withdrawn.
Inventions and Subjects Which may not be Protected with Utility Model Document:
- Discoveries, scientific theories, mathematical methods;
- Schemes, methods and rules concerning mental, commercial and game activities;
- Computer programs;
- Literature and art works, scientific works, creations with aesthetic nature;
- Presentation of information;
- Inventions contrary to public order and general ethical;
- Surgery and treatment methods to be applied in human and animal body and diagnostic methods related with human or animal body;
- Essentially biological processes for production of plants or animals and plant varieties or animal breeds (Except for microbiological processes or products resulting from these processes)
- Only the discovery of one of the elements of the human body, including the human body and a gene array or partial gene array at various stages of formation and development;
- Human cloning procedures, procedures for changing the genetic identity of the human genderline, use of human embryos for industrial or commercial purposes, genetic modification procedures that may cause pain to animals without significant medical benefit to humans and animals and animals as a result of these operations.
Utility Model documents are not given for methods or products above-mentioned and chemical substances obtained as a result of these methods. In addition to the chemical substances, inventions related to biological substances or chemical and biological methods or products obtained there from, pharmaceutical products or pharmaceutical methods, or inventions relating to products resulting there from, as well as biotechnological inventions, it is stipulated that utility model can be used to protect small developments by considering that these are complex inventions, no useful model document can be given.
Subjecting Utility Model Documents to Legal Procedures
Utility model document may be transferred, pledged, rented through license agreements or transferred to heirs. Any transactions such as transfer, license, inheritance or pledge, address and title changes on the utility model document must be registered in the Official Patent Record before the TURKISH PATENT in order to be effective against third parties.