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What is a Patent?

What Are Patentability Criteria?

Which Parts Does Patent Certificate Consist Of ? - With Giving Which Parts Does Application Become Definite?

Which stages are being passed from application to grant procedure?

What is a Utility Model?

What are Legal Application Types to Request Protection For Inventions in Turkey?


What is a Patent?

Patent is a certificate granted to inventions which go beyond state of art and are practical in industry.

Invention is an intellectual product that provides solution for a problem emerged as human necessity, with an applicable teaching contained in technical field.

We can specify general features of patent system as such;

1. Describes solution of a technical problem: Patent applications describe an offered technical solution to a technical problem. This consideration is same for all countries except US. In national legislation, not having technical side of a problem means that cannot be mentioned in patent protection.

2. Be granted by governments: Examination and granting of patent applications are practiced by only institutions assigned by governments. Turkish Patent Institute performs this since 1995 in our country. Before this date these procedures were being practiced within ministry of industry. Moreover, institutions rendering decisions on behalf of consortiums or associations built by countries are also in question. European Patent Office is an example for this.

3. Protection provided regarding to nationality principle: Applications and granted certificates are subjected to have right and legal protection intrastate. With increase of globalization rate, national priority rights are using in signatory countries and communities by international treaties.

4. Having the characteristics of security: To afford R&D actions and application process expenses, patent has security properties like transferring, production permit via licensing, mortgaging, being supplied as a collateral, and inheritance.

Patent is not a system developed to obstruct knowledge and give monopoly right to inventor. Contrarily, it is a system developed to make information sharing easy, based on development of knowledge cannot be stopped, and to speed up implementation of knowledge in real life via classification of knowledge. Patents are not incomprehensible and complicated certificates given to extreme ideas. Rather, they are clear, easy to understand certificate given to embodiable solutions provided for everyday life problems.

Upcoming days of that competing with competitors by planning production of today make patent system entering to our life becoming unavoidable. Patent applications and certificates are reserving developed information beyond market. The most reliable and right way to get this information is having an objective expert search report of comparison between your invention and prior art by making a patent application. In our age that R&D and innovation is necessity, to stay out of this culture can be resulted as getting behind and not being modernized.


What Are Patentability Criteria?

1. Practicability in Industry: Can be described as being of invention producible (embodiable). Can be observed in two stages

a. It is necessity for invention to be embodiable. Then, mathematic formulas, teaching methods are not being protected because of not being embodiable.

b. It is necessity of existing of technology to produce invention. An invention that cannot be produced with existing technology is not regarded as practicable in industry.

2. Innovation: It is situation of invention being not described in written, oral or any other ways before application. BEING INNOVATIVE OF OUR INVENTION IN TURKEY IS NOT ENOUGH; IT MUST BE NEW IN THE WORLD.

3. Inventive Step: It is situation of not being arrived by experts skilled in the art from prior art. This is an abstract step in patentability criteria and hard to be understood. In the simplest way, it is a result that have it said that “why it haven’t spring to our mind”.


Which Parts Does Patent Certificate Consist Of? - With Giving Which Parts Does Application Become Definite?

Patent document consists of four parts. These are;

1. Description: Part of making descriptions relevant to invention and prior art. It starts with invention title, is the part of describing problems in state of art and solutions for these problems provided by invention. Forms basis for claims.

2. Claims: Part of protection demanded technical solutions provided by invention. Consideration of patentability criteria is made on the basis of this part. Protection demanded facts or methods shall be described in here. Protection of facts and methods which are not described in description part cannot be demanded.

3. Abstract: Part that briefly describes invention in patent bulletins with invention title and generally written in 80-100 words range.

4. Drawings: Given to make invention more comprehensible and to provide ease of application but is not a primary component of application in the sense of certain application date.

Application date becomes certain by the date, hour, minute, and second of letter of application, description, claims, abstract and bank receipt of application fee given to Turkish Patent Institute (TPI). Making addition to given application documents changes date of application.


Which stages are being passed from application to grant procedure?

Application is filed after preparation of description documents. Procedural review of description document handled by patent experts and if it has prepared properly, inventor is advised to demand research report within 15 months from application date with a procedural review lettering. If expert finds a procedural deficiency in description document, clearly described this deficiency and asks inventor to make amendment in 3 months. In case of not making amendment, application considered as withdrawn. After research report demand, report constructed by Institute experts or experts of other contracting offices, is sent to inventor and inventor is advised to make system choice in 3 months. In case of that inventor doesn’t make any system choice, inventor is considered as chosen patent without examination. With choice of without examination system, description document and research report publicized for 6 months. Objection of 3rd bodies is being waited. At the end of publication, patent certificate without examination given to the inventor for 7 years by the grant decision. Transfer to patent with examination is possible at any time in 7 years from application. If patent with examination is chosen in system choice phase, description document and research report publicized for 6 months and objection of 3rd bodies to the research report is being waited. By the end of publication, description document, research report and objection of 3rd bodies are sent to patent examiner. In consequence of examinations (it is limited by 3 examinations in our national legislation) patent decided to be granted for claims ensuring patentability criteria.


What is a Utility Model?

It is a certificate named as little patent and given to inventions which are providing innovation step and practicable in industry but not inventive. Although theoretical description of it seems functional, implementation of it in practice is not as requested. Utility model, existing in some countries in the world, is given in our country without research and examination. Process following application, administrative transactions completed with procedural review, 3 months publication, and grant procedures. In 3 months publication process, patent department of TPI doesn’t make any innovation examination even if there is 3rd bodies objection and entitles 3 options by sending objection to applicant,

* Certificate demand via arranging application by taking objection into account,

* Withdrawal of application by taking objection into account,

* Certificate demand via opposing or not opposing by not taking objection into account,

CONSEQUENTLY, APPLICANT CAN HAVE A UTILITY MODEL AS LONG AS HE WANTS.


What are Legal Application Types to Request Protection For Inventions in Turkey?

1) Utility Model

2) Patent

a) National Application

b) PCT (Patent Cooperation Treaty)

c) EPC (European Patent Convention)

Natural persons and legal entities can apply for above mentioned applications. In applications, applicants can be shown as natural persons and legal entities but inventors can only be shown as natural persons.


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