Patent Application and Registration Procedures
- Before the application, preliminary research on the invention subject using various databases in the world and Turkey depending upon to the client’s request, and evaluation of the findings in the framework of the obtained results and preparation of the file and filing before Turkish Patent and Trademark Office (TURKISH PATENT).
- Following and executing of all transactions before and after application within the legal periods
- 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 Patent
The patent is a scientific and technical discovery, or official document which shows the right to use such an invention in the field of application. In other words, Patent is an industrial property right that gives the patentee the right to use, dispose of, sell for sale, or import for a certain period of time without permission by others. Patents are granted to innovations in all aspects of technology, on condition that they are new, contain the title of invention, and are applicable to the industry.
In this respect, patents represent a social contract between society and inventors as a whole. Patents are known as innovations or “know-how” or “trade secrets” that the inventor chooses to keep secret. Patents used to protect according to the Decree Law on the Protection of Marks No 556 but now they are protected according to the Industrial Property Law No. 6769 published on 10.01.2017.
What is Invention?
Invention is the solution of a technical problem in any kind of industry including agriculture. The invention is to develop something that has not been found before with the thought of man. The invention is new technical solutions for solving a specific problem in the field of technology.
What is patentability?
As explained above, the patent is a protection document given in general terms to technical innovations. Patent documents are protection documents granting the right to produce, use, sell or export the invention for a specified period of time for new inventions that can be applied to the industry and exceeding the state of the technic.
In order for an invention to be patent protected,
Innovation; It is an absolute innovation in the sense of being not verbally or inadvertently written by others at any place in the world before the application is made. It is accepted that the invention, which is not included in the known state of the art, is new.
Exceeding the state of the art: It means the quality that an expert person cannot easily think about and apply it.
Industrial applicability: It means the invention is applicable to the entire theoretical rather than practical feature. It must be producible or usable in any kind of industry including agriculture.
Scope of Patent Protection:
The patentee benefits the patent right without any distinction as to the location of the meeting, the technology field and whether the products are imported or domestic. The patent protection period is 20 years, starting from the application date.
The patentee has rights that;
- To prevent the patentee from producing, selling, using or importing the patented product and for any other reason other than the personal need for such purposes
- Use of a patented method,
- the proposal of the use of a procedural patent which is known or known to be prohibited to be used,
- to prevent the sale of the products obtained directly by the patented method of handling the patent, the use, the importation, or any other reason for these purposes, other than personal needs
Patent Document Granted in Turkey is Only Valid in Turkey. Patent protection is national. Invention is just protected in accordance with legal arrangements of the country where the application is held. In other words, the patent you protect in Turkey protects you only within the borders of Turkey. But if you want to protect your patent abroad, you can also register your patent in other countries. It is possible to apply for a single patent application in more than one country with international agreements that our country is a party to.
Patent protection of inventions is provided within the framework of national law applicable in each country. In order to protect a new invention with a patent, patent applications must be filed in every country where protection is requested.
Requests Can Be Claimed by the Patentee Whose Rights Have Benn Infringed
- Stopping the act of infringement of patent rights,
- Removal of rape, compensation for material and moral hazard,
- Request for seizure of products which are produced or imported by means of infringement of patent rights, vehicles which are used directly in the production thereof, and means which provide for the use of a patented method.
- It may be required to take measures to prevent further patent infringement.
Subjects and Inventions Which are not Patentable?
Since the following are not inventions, they are not protected by patent:
- 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;
The following inventions are not patented:
- 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 gender line, 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.
Documents Required to make a Patent Application:
- Specification : In order for an invention to be protected by a patent, it must be explained in detail. The specification should specify the technical field to which the invention relates, the known state of the technique, the technical problems aimed at the solution of the invention, the descriptions of the technical illustrations and the manner in which the invention is applied to the industrialization.
- Abstract: It is a very short term that gives general information about innovation. The summary serves only to provide technical information.
- Claims: They are texts that describe the elements of protection of innovation. Claims are the most important part of the patent file. The claims or claims define the desired elements of protection of the invention. Every request must be clear and concise. The basis of the claim or claims is specification. The claims or claims shall not exceed the scope of the invention as defined in the specification.
- Technical Drawings :Any technical drawings, perspectives, flow charts describing innovation should be given in A4 paper size.
- Application Fileincluding Application and Applicant Information: In case the applicant is a real person, name, surname or in case of a firm, firm details and contact details and name, surname and contact details of inventor (inventors) should be included.
Application and Examination
The required documents listed above are prepared and applied to the TURKISH PATENT. After the application, the TURKISH PATENT makes an examination in terms of the formal conditions. If it is found that the application is not in conformity with the formal conditions, it is requested that the applicant submit the missing within two months from the notification date.
The applicant asks for a survey with or without a notification, paying the fee within twelve months from the date of the application. Otherwise the application will be considered withdrawn. If the application is found to be lacking in conformity with the formal conditions or if the deficiencies are resolved within the period a research report will be prepared, in case of the applicant has a request for a research, the applicant is informed and published in bulletin.
The applicant requests the examination of the research report by paying the fee within three months from the date of notification. Otherwise the application will be considered withdrawn.
Third parties may appeal the patent by paying the fee within six months of its publication in bulletin. Opposition will be examined by the Office, taking into account the views of the patent.