The inventions in any field of the technology are patented in the condition that they are novel; they have inventive step and industrial applicability according to the Article 82 of industrial property law no. 6769.
In the most general sense, a patent is a protection certificate supplied for the technical innovations. These innovations can be both in a machine, an assembly, an electronic device and in the chemical contents and even in the production methods. These technical innovations are named as “invention” in the patent literature. Even though the innovations are conventionally considered as “the world-shaking innovations”, an invention is actually the solution to a technical problem regardless of their magnitudes.
An invention should meet these three conditions in order to be patentable:
- Being novel, which means that any technical information, article, patent or product information of the inventions should not be introduced into public before.
- Industrial Applicability, which means to be practicable. Practicable does not refer that the invention or its prototype has to be produced. It is enough for the invention to have the property of being technically applicable.
- Having inventive step, which means that the invention should go beyond the state of the art. Though inventive step term is a controversial field, “not easily accessible by the skilled person in the art” and “a technical problem difficult to be solved in a short time by a skilled person in the art” explanations are used in the literature.
Patent means supplying inventors and innovators with a certificate to protect them by means of an authority (state and laws) on the condition of describing the invention. This certificate protecting them is patent certificate and it enables the inventors (and/or patentee) to restrain those persons and institutions producing or selling their invention without permission. In this regard, patents are not “warrants”, but the “monopoly rights” authorizing persons to prevent those from doing certain activities or to restrict their business.
Utility Model is a protection certificate given on the condition that the invention is novel and meets the industrial applicability condition. Utility Models can be regarded as a kind of patent. They are not present in all countries. They are protected in less than 30 countries around the world, such as Germany, France, Finland, Denmark, Italy, Ukraine, and Japan. In Turkey, Utility Models are protected for 10 years and mentioned under the patents title of the industrial property law no. 6769.