According to the Industrial Property Law No. 6769, Article 82, an invention is honored with a patent providing it involves with an innovation and a discovery step, and is applicable with the industry.
In general terms, a patent is a certification of protection provided for technical innovations. These innovations may occur in a machine, an assembly, an electronic device, or in chemical ingredients and even in production methods. Such technical innovations are called "invention" in the patent literature. An invention, in deed, is a solution to a technical problem regardless its size although it is considered as “something new to move the earth”.
An innovation can be registered with a patent if it has 3 features as follows:
It must be an innovative solution, in other words, any technical information, survey, patent or product information must not have been made public before;
It must be applicable to the relevant industry, to practice in other words; it does not necessarily mean that it is or a prototype of it is produced. A general persuasion is that it is satisfactory if the invention is technically producible.
Involving it has an invention step describes that the invention constitutes an upper level to the technique that is known so far. Despite the fact that the term creative step is a controversial area, the explanations of “it is not easily accessible by the technical expert” and “a technical problem that is difficult to solve in a short time by a technical expert” are used in the literature.
A patent registration serves to provide inventions and inventors a certificate to be effective for 20 years to protect them through an authority (state and laws), in return for revealing the invention. The certificate protecting them is a patent certificate and allows inventors (and / or patent holders) to restrict these individuals and institutions that produce or sell their inventions without permission. In this context, patents are not “warrants” but “monopoly rights” that allow individuals to engage in certain activities or restrict their work.
A Utility Model Registration is a protection certificate which is given if the invention is new and meets the industrial applicability requirement. Utility Models may be considered as a kind of patent. They are not available in every country. They are protected in less than 30 countries of the world such as Germany, France, Finland, Denmark, Italy, Ukraine and Japan. Utility Models in Turkey are protected for a period of 10 years and are explained under title “Patents” in the Industrial Property Law No. 6769.
In Turkey, patent and utility model applications are directly made by owners of the same or by the patent attorneys accredited by Turkish Patent and Trademark Office. Protection begins at the same time of application. A patent application is made with a petition to the Office enclosed with a set of description documents to describe the invention and the elements requested to be taken under protection including Description, Demands, Summary and Drawings. The set of patent description is a special folder that covers the elements for which legal protection is demanded (demands) and the technical elements.
On the other hand, there is a wrong belief that a patent and utility model application is only made up of making an application to the relevant office with a petition. As a matter of fact, a patent (or utility model) serves as a title deed for the invention it describes. Another point of attention is that a brilliant invention may experience irreparable loss of rights if it is filed with a non-qualified set of description. While the added value brought by the patent or utility model is highly important, it is also critically important to have a properly prepared set of description and manage procedures well for the above reason.
Patent applications and the registration process in Turkey is as follows:
Official application with the set of patent description
According to Law Nr. 6769, procedural review, possibilities of rejection and reclaims
Official research about the known condition of the technique
Official review in terms of patentable criteria, rejection and reclaim possibilities
Registration decree or publication (6 months), reclaim, approval, rejection possibilities
Utility Model applications and the registration process in Turkey is as follows:
Official application with the set of utility model description
According to Law Nr. 6769, procedural review, possibilities of rejection and reclaims
Official innovation research about the known condition of the technique
Industrial property law nr. 6769 includes highly important provisions about innovations developed by employees of an establishment. In generally speaking, the establishment has a right to take ownership of the invention on condition that the income provided by the innovation or a remuneration in parallel with the value of the patent is honored to the employee. The legislation opens doors to prosperity of innovative people and especially of engineers.
Backed with dedicated patent attorneys with engineering majors who are expertised in registering patents and utility models, Markiz Patent is at disposal of industrialists and innovators. The boutique services rendered by Markiz Patent provides opportunities for them to get maximum use of their patents and utility models.
Industrialists and Innovators can compete thanks to their innovations in an increasingly competitive environment. Although there are many organizations that are experts in every field, it is very difficult for a specialist to know what is happening anywhere in the world. Therefore, they should check the patent databases as open sources of innovation and search for innovations and registered patents worldwide. This will save them from the cost of “reinventing the wheel”. This helps them to save themselves from reinventing the wheel.
Markiz Patent, through the patent research service, provides detailed research services in patent databases published worldwide with more than 100 data in any field. Detailed descriptions of any case can be obtained with the numbers in the patent information obtained through this research service. Moreover, Markiz Patent investigates whether there is a protection for the patent in question either in Turkey or any other country and hence find out the possibility of using the patent without risk.
In addition to patent research as a primary service, Markiz Patent also conducts "freedom of work" research to clarify if a product or method of production poses a risk, and if applicable, what kind of risks are involved; besides, ways of overcoming the same are also analyzed and presented. It also provides solution-oriented technical consultancy services in patent lawsuits.
Patents and utility models are protected by registering just like the other industrial property rights, and they are only protected within the countries of registration. Protection is effective on country basis. Application procedures should be initiated abroad in the required countries within 1 year from the first application in order to obtain protection for patents and utility models in any other countries than Turkey. The 1 year period mentioned above is a period of privilege which is very important for those who wish to protect their patents abroad. While it is a preliminary condition for a trademark to get protection abroad that it is not registered in that target country, an application may be filed any time regardless the 6 months’ privileged period. A registration application should be made within 1 year’s period from the time an application for a patent or utility model is submitted in Turkey (or in a different country). In the event the 1 year period is exceeded, the next application country rejects registration even if the first application is own patent because it does not fulfill the condition of “innovation”.
The patent application abroad is filed within 1 year from the date of first application by means of traditional regional application, International PCT application or regional application (such as European Patent).
What methods should be used for patent protection abroad?
Application under PCT (Patent Cooperation Treaty): ;The PCT has more than 152 member countries and Turkey became a member to PCT Agreement in 1996. Upon application to PCT within 1 year from the first application date, an international research report is made; the report is managed by WIPO-Switzerland and prepared by European Patent Office. With this report, country applications (natuonal phase) are made latest within 30 months. The most important use of PCT is getting only one research report prepared for approval of all member countries (with a reivew if needed) and gaining 30 months’ time period. If then owner is planning to file application in multiple countries, PCT is the best method for gaining time and obtaining a preliminary opinion.
Regional Patent - European Patent Applications: It is possible to obtain protection within the whole territory with only one application. European Patent is recommended for those who have a market in European countries while Eurasian Patent is suitable for those who have a market in the Commonwealth of Independent States.
Country Patent Application: If a patent application is submitted for the first time in Turkey or in a different country and not many countries are needed for protection, for example only 1 or 2 countries, PCT application or European Patent Application is not necessary. It is satisfactory to file a classical country application in those countries latest within 1 year.
Markiz Patent provides professional and boutique services with patent attorneys and European patent lawyers who are experienced in patent applications abroad and have strong communication networks abroad.