WHAT IS A PATENT?
The word patent is often misused and the phrase "patent" is used for the trademark, design and utility model. In order to prevent this misuse, it is necessary to understand what a patent means. A patent is a monopoly right granted to its owner by preventing the unauthorized production, use or sale of the invention by third parties for a limited time and place. The document showing that this right can be exercised is called a patent document. The 3 conditions sought for a patent certificate are as follows:
- Innovation: The invention, which is not included in the state of the art, is new. Everything that has been put forward in writing or verbally anywhere in the world before the patent application date, or explained in use or in any other way, is included in the state of the art. For this reason, the invention subject to the application must not have been presented to the public anywhere in the world at the date of application. It can be in the form of putting on the market, using, describing, broadcasting, promoting and similar activities by means of presentation, exhibition and sale to the public.
- Invention Step: If the invention cannot be clearly deduced from the known state of the art by an expert in the related technical field, it is considered to have exceeded the state of the art.
- Industrial Applicability: The invention should be practically applicable rather than purely theoretical.
Inventions that meet all three of these three conditions will be granted a patent certificate. It is not possible to grant a patent certificate to applications that do not contain even one of the three conditions. For this reason, it is extremely important to research the product before applying. Otherwise, even if the applications that do not contain one of these three conditions are registered, an invalidation lawsuit can be filed and the patent certificate can be revoked.
Obtaining a patent certificate gives an industrial property right. In this way, you can only sell your product in the market yourself, or you can give permission to others to use and produce it under license, or you can transfer your patent right.
I HAVE FOUND AN INVENTION, WHEN SHOULD I APPLY FOR A PATENT?
As long as you keep your invention confidential, you can apply for a patent at any time. A point to be noted here is that if you have disclosed your invention in any way, you must apply for a patent within 12 months. If a patent application is made after 12 months from the disclosure, your invention will be deemed public domain and no patent certificate will be issued. One of the most common problems we encounter is postponing a patent application after finding an invention, and in the meantime applying for the same product by third parties. In summary, it is necessary to understand how important a patent application is and to apply as soon as possible when you find an invention.
WHAT IS THE PATENT'S SCOPE OF PROTECTION? WHAT IS THE IMPORTANCE OF PATENT WRITTEN?
Our team carries out cases that require special expertise, such as patent infringement cases, patent invalidity cases, unfair competition cases under the TCC, with the expert lawyers in its staff. Especially in this process, the most common problem we encounter is that people are faced with the invalidation of patent documents, even if they have registered patent documents, due to incorrect and incomplete patent applications. Again, the patent owner, who believes that the registered patent document protects his invention due to incorrect and incomplete patent applications, cannot protect the parts of his invention that he wants to protect due to deficiencies and mistakes in the application, cannot impose any sanctions against third parties, and even third parties apply for the same invention and obtain a patent certificate. Unfortunately, it is something that we encounter very often. In such a case, all years of effort and investments of the patent owner lose their meaning, and they may be subject to sanctions by third parties just because of mistakes and deficiencies in the application. In order to avoid such an unpleasant situation, it is very important to prepare the patent application consciously and carefully. At this point, our team, which has a good command of the provisions of the Industrial Property Law No. 6769 and the relevant legislation, also cooperates with technical people who are experts in their fields for patent writing. Unfortunately, our people do not know the importance of patent writing, so they think that it should cost less, but it may cause much larger costs in the future.
The patent application consists of claims, summary, description and illustrations. According to Industrial Property Law No. 6769, the scope of the patent application or the protection provided by the patent is determined by the claims. Therefore, the writing of the claims is of vital importance, and a feature that is not written in the claims is not within the scope of patent protection. Many patents, especially the claims, cannot be registered because they are not written correctly, and even if they are registered, they are invalidated. That's why it's important to get the right support during your patent application process.
HOW LONG IS PATENT PROTECTION?
Patent protection for applications made after the effective date of the SMK is 20 years from the date of application.
Patents exceeding 20 years from the date of application are considered public domain.
CAN I PROTECT MY PATENT ABROAD?
If you have found an invention and want to protect it in other countries outside the borders of Turkey, we will be happy to provide you with the necessary support during the international patent registration stages. If you want to apply for a patent abroad, you can apply in accordance with the system of that country through a proxy in each of the countries you want protection. In this case, we ensure that your patent application is carried out in the best way, thanks to our cooperation with our patent attorney colleagues in the countries where you want patent protection.
In accordance with the Patent Cooperation Agreement (PCT), which entered into force on 01.01.1996 in Turkey, if you want to protect your invention in more than one country, a patent application can be made in all of the PCT member countries with a single application. There are 153 countries that are members of the PCT. If you want patent protection in more than one country, you can choose to apply for an international patent with PCT. In this way, the application cost will be much lower than applying separately in each country. For example, instead of paying the research fee for each country separately, a single research fee will be paid if an application is made with the PCT.
In addition, patent protection can be provided in all or selected countries with a patent application to be made in accordance with the European Patent Convention, which entered into force as of 01.11.2000 in Turkey. Apart from these, international patent applications can be made through EAPO (Eurasian Patent Office), ARIPO (African Regional Intellectual Property Organization), OAPI (African Intellectual Property Organization), GCC (Gulf Cooperation Council). We are trying to give the best help in terms of which application method is less costly and more effective for you, and to conclude your international patent / utility model applications in the best way, with our team that is proficient in legislation and foreign languages.
WHAT IS THE UTILITY MODEL? WHAT IS THE DIFFERENCE OF A UTILITY MODEL AND A PATENT?
A utility model is an industrial property right, which can be applied to industrial technologies, where protection is provided to inventors. The differences between a patent and a utility model are summarized below:
- The most basic difference is that there is an invention step requirement for a patent, but there is no invention step requirement in a utility model.
- A utility model is registered if it meets the conditions of innovation and industrial applicability.
- The patent document provides 20 years of protection to the patent owner from the date of application. In the utility model, the protection period is 10 years from the date of application.
- While patent protection can be provided for products obtained as a result of methods and methods, pharmaceuticals, chemical and biological substances, utility model protection cannot be provided for them.
In order to be able to issue a patent certificate, an examination report must be obtained after the search report. In the utility model, since there is no examination report stage, the utility model registration process is shorter and less costly compared to patent registration.Apart from these differences, what we mentioned above for the patent certificate is also valid for the utility model certificate. It is important to determine well whether it would be more accurate to file a patent application or a utility model application for your invention. If certain conditions are met, the patent application can be converted into a utility model application and a utility model application can be converted into a patent application. Getting the right support in the pre-application research, writing and application stages will ensure the protection of your valuable product of ideas, effort and money.
WHAT IS THE ANNUAL FEE REQUIREMENT?
During the protection period of the patent / utility model without the need for any notification, the annual registration fee is paid every year on the due date (in the day and month corresponding to the application date), starting from the 3rd year on the end of the 2nd year from the date of application. These fees are determined by the Turkish Patent and Trademark Office every year according to the fee schedule. If the annual registration fees are not paid on time, they are paid with an additional fee within six months. If it is not paid within the six-month period, the patent right expires. In practice, we often find that applicants are not told that these fees will be paid each year.