What is a Patent?

A government-granted patent for an invention gives the right to prevent others from producing, using, or selling the invention for a specified period of time without the inventor's consent. A patented invention; It becomes the property of the inventor, just like other business-related goods that can be bought, sold, rented or rented. Patents create rights for the countries in which they were obtained. A patent obtained in Turkey only provides the right to its owner in Turkey and gives the right to stop importing the patented products in case others import them into Turkey.

Qualities that an invention must have in order to be protected by a patent

a) Innovation: The invention that is not included in the state of the art is new. State of the art; It consists of information about the invention, which is accessible to the public anywhere in the world, before the date of the patent application, in written or oral promotion, use or otherwise disclosed.

b) Exceeding the known state of the technique: If the invention is realized by an expert in the related technical field as a result of an activity that cannot be clearly deduced from the known state of the technique, it is considered to have exceeded the state of the art.

c) Industrial Applicability: If the invention can be produced or used in any branch of industry, including agriculture, it is considered to be industrially applicable.

Useful model

A Utility Model is the granting of the right to manufacture and market the product subject to this invention for a certain period of time (10 years) to the owners of inventions that are new and applicable to industry in Turkey and in the world. The process of granting a utility model certificate is more convenient in terms of both time and expense compared to granting a patent. It is thought that the simple and inexpensive process of obtaining utility model protection will encourage especially our small and medium-sized industrialists and research institutions to make inventions and apply them to the industry. On the other hand, especially today, there is a danger that innovations made by small and medium-sized enterprises will be imitated by competitors. Protecting these small and medium-sized enterprises, albeit modestly, by issuing a utility model certificate will serve to maintain their economic assets.

In other words, utility model protection is designed to function more quickly and more rapidly than patent protection against acts of infringement.

Differences Between Patent and Utility Model

1- In the Utility Model, the criterion of exceeding the known state of the art is not sought.

2- Protection periods are different.

3- Due to the absence of research and examination processes, issuing a utility model certificate is more convenient in terms of both time and expense.

Scope of Patent Right

The owner of the patent right benefits from the patent right without making any distinction as to whether the invention is new, technology area and whether the products are imported or domestically produced.

The patent owner has the right to prevent the following from being done by third parties without permission:

-Producing, selling, using or importing the patented product or keeping it for any reason other than personal need for these purposes.

-Use of a patented procedure.

- Proposing to others by third parties the use of a method patent that is known or should be known to be prohibited.

It is the sale or use or importation of the products directly obtained by the method subject to the patent, or keeping them at hand for any reason other than personal need for these purposes.

Patent and Utility Model Certificate Protection Periods

· Examined patent for 20 years,

Unexamined patent 7 years,

The utility model certificate is protected for 10 years.

Patent And Utility Model Application Process

-Your registration application will be made within one (1) week after the necessary documents and fees are provided to us.

-The patent registration application we have made is examined by TPI experts in terms of conformity with the formal criteria. Review takes approximately 2–5 months

- If the patent registration is found appropriate in terms of form, it is sent to abroad for innovation examination. (No Innovation Examining the Utility Model and the Patent Without Examining) - When a positive report is received in the innovation criterion, it is announced in the TPI Patent Bulletin. The advertisement remains suspended for the objections of third parties.

-If the third parties do not object to the published patent, the registration certificate will come to us in approximately 12-18 months.

-Renewal fee is paid every year following the application date in Patent and Utility Model Registrations.

Patent applications can be made in various ways.

• — National Patent Application. (valid in TC)
• — Local patent application to be filed in any foreign country.
• — European Patent Application. (Redirectable to up to 20 European countries
• — International Patent Application. (PCT–108 countries routable)