It is not possible to get patents on novelties that are just an idea. An idea that can not be produced in the industrial field is not a patent. However, if manufacturability is the case and if it is an innovation, the invention is protected by granting a patent.
Patent is the granting of the right to produce, use, sell or import the invention for a specified period of time.
In other words, a patent, a product or an invention is an official document and title that brings privileges to fields such as the sale, marketing, reproduction, production of a similar product that the inventor invented. Trademark registration and patent registration should not be confused with each other.
Machines, tools, devices, chemical compounds and processes and all production methods are covered by patent protection. All rights of a product or system of the invention shall belong to the patent owner and shall not be used without permission from him.
The patenting authority in Turkey belongs to the Turkish Patent and Trademark Institute.
The criteria sought for patent-protected inventions are;
An innovation, meaning overcoming the state of the art and to have applicability to the industry. Innovation is an absolute innovation in the sense of being written, verbally or otherwise unexplained by others before the application is made.
The criterion for exceeding the known state of the technique is the "quality that the expert can not easily think and apply".
Applicability to the industry means that the invention can be applied to practice instead of being entirely theoretical.
Inventions bearing these three criteria are protected by patents.
When you register your invention in accordance with the options available to you, no person other than you may use your invention without the authorization of the organization, and can not claim a commercial right. However, the number of registered inventions increases and it helps you to market it. License agreements make it easy to do.
Your inventions / ideas and developments need to be registered, even if they do not relate to the designs of the products you have produced or your industry. Otherwise, you may be exposed to malicious threats or to imitation of your products.
Applications for patents and utility models are being sought for innovation throughout the world. For this reason, it is not appropriate to bring a product from China to Turkey and apply it to the legislation. Most of the applications made for Utility Model applications are not documented because no international research has been done. However, prior to the application date, document invalidation cases may be opened on the basis of documents related to the subject of the application.
To give an example in a way that can be easily understood; Let's have invented the digital clock. Clock’s features only show the time, minutes, seconds and date. This time can be patented, but in addition to the digital clock with the same features as "inventive" without making any changes to it, such as the person who added a stopwatch, for example, does not make as much change as the invention step, but makes the watch more usable.
With more technical narration;
a) Where the patent is required to carry the "invention step", such a condition is not required in the utility model.
b) While "methods" may be patentable, useful models do not constitute a subject. It is necessary to be a product for the utility model registration.
c) In short; Useful model document, more simple "inventions".
I affirmed the memorandum before applying to the Institute. Do I get a legal protection?
No. It is not possible to grant a patent right to an explication of the notarized invention. The only authorized body in our country that provides patent protection for inventions is the Turkish Patent and Trademark Institute.
Before applying, it is advised that you do a preliminary research on whether your invention is new or whether you should take to the Institute. You can do your patent investigations by entering key words, through patent documents.
If the patentee does not use the patent invention, a written application to the Institute may be requested to submit a license grant. This request must be paid at the rate indicated on the rate sheet. The Institute registers and publishes licensing offers in the patent registry. Licensing offers are open to public scrutiny.
Production can be made for a patented or non-patented invention. However, a patented invention can not be produced, sold, exported or imported by others without the consent of the inventor. Penal sanctions are imposed on a patented product without permission from the applicant.
The main requirement for a patent application is innovation. And this innovation is being evaluated internationally, not nationally. Copying an existing product is also a criminal offense and has severe sanctions.
If protection is sought in more than one country, the first patent application may be made available to any other country for the same invention within a period of 12 months from the date of its filing in any country.
If a patent application is filed for a similar matter in relation to the invention of a third party between the date of the application made by an applicant in any country and the date of the later application based on that application, that application can not be represented as a counter-document.
The applicant shall demand the right of preference together with the application or within two months from the date of application. If the patent right is not granted within three months from the date of the patent application, it shall be deemed that no request for the right of priority has been made.
Multiple claims may be made irrespective of whether an application for granting a patent in a foreign country was made in different countries.
Since the following are not inventions, they are not covered by the patent and no patent is granted if protection is requested for them.
A-Discoveries, scientific theories, methods of mathematics;
B-Plan, procedure and rules for mind, commercial and gaming activities;
C-Literature and art works, science works, creatures with aesthetic qualities, computer software;
D- Procedures for which the technical compilation of the compilation, arrangement, submission and transmission of information is not available.
E-Surgical and treatment procedures to be applied to the human or animal body and diagnostic procedures related to the human and animal body.
shall not apply to the compositions and materials used in any of these procedures and their production procedures.
The following inventions are not protected by patent:
An invention that is contrary to public order or general morality.
Plant or animal breeding methods based on plant or animal species or on substantially biological basis.
Annual Fees Article
KHK 551/133 - Right of patent:
A - The period of protection expires;
B - Patent holder's right of patent;
C - Annual fees and surcharges are not paid in due time; Ends with the realization of one of its causes.
The patenting issue that comes to the end is considered to be the property of the society from the moment when the cause of the ending has occurred.
The inventors have no obligation to hold proxy in proceedings before the Turkish Patent and Trademark Institute. Applicants of the Patent, Utility Model, and Industrial Design applicants can also prepare and follow themselves.
However, the filing of a patent application and follow-up of subsequent proceedings;
- Investing the Document Expense,
- Following the Registry Renewal Fees,
- Implementation and Follow-up of International Applications,
- Address, Trade Name Change, Transfer and Licensing,
- Utilization of Patent Incentives; Information and time is required, it is recommended that proxy holders should be retained for applicants.
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