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.

Patent and utility model applications in Turkey are carried out by the applicants or patent attorneys authorized by Turkish Patent and Trademark Office. The protection starts after the application date. For the Patent (and Utility Model) application, a petition as a set of description (Description, Claims, Abstract, and Figures) is presented defining the invention and the elements whose protection is requested. Patent description set is a special folder comprising the part defining the elements whose protection is requested (claims) together with the technical elements.

Patent and Utility Model application is misunderstood in the market as “the application of the innovation to the concerned authorities with a petition”. Patent (and utility model) is like a deed of the invention. Patenting a good invention by means of an ill-prepared description set can sometimes causes irreversible right losses. Thus, in patent and utility models, it is of great importance to manage the process, to prepare the description set in a proper way, along with the added-value provided by the invention.

 

Patent application and registration processes in Turkey proceed as follows:

 

Official application with the patent description set,

Formal investigation according to the law no. 6769, rejection and objection possibilities,

          Official research on the state of the art,

Official investigation in terms of patentability, rejection and objection possibilities, and

Registration and publication (6 months), rejection, acceptance, objection possibilities.

 

Utility Model application and registration processes proceed as follows:

 

Official application with the patent description set,

Formal investigation according to the law no. 6769, rejection and objection possibilities,

Official novelty investigation on the state of the art, and

Publication (3 months), objection and rejection possibilities.

 

There are very significant provisions in the industrial property law no. 6769 about the inventions of the employees working in an enterprise. To specify in general, the enterprise can lay claims on the inventions of the employees, but has to make a payment in return in accordance with the income obtained from the patent and value of the patent. This has been a significant step in Turkey for the innovators and especially engineers to be prosperous.

Markiz Patent is at the service of the industrialists and innovators with the patent attorneys being engineers as their profession and expertized in patent and utility models in Turkey. By means of the boutique service provided for the patents and utility models, innovators are able to get the opportunity to benefit from their inventions efficiently.

Industrialists and Innovators can fight in the escalating competitive environment by way of their innovations. Even though there are many establishments having experts in every field, it is very difficult for an expert to know what is happening in anywhere in the world. Thus, they should examine patent databases as open Innovation sources and search for the innovations and registered patents all over the world. This will save them from the cost of “reinventing the wheel”.

Markiz Patent provides detailed research services in the patent databases having approximately more than 100 data in any field which were published around the world, through the patent research service. Detailed descriptions of any case can be obtained with their figures in the patent information acquired by means of this research service. Also, whether there is any patent protection about the related patent in Turkey and in the other countries and so the possibility to use the patent without any risk can be investigated.

Along with patent researches as a main service, Markiz Patent can also conduct “freedom to operate” researches through which whether any type of product or production method poses a risk and if present, it is analyzed that what these risks are and the ways to overcome them. Moreover, it also provides solution-oriented technical consultancy service in the patent cases.

Patents and utility models are protected through registration like other industrial property rights and only in the countries where they are registered. Territorial protection principle is essential. In order to provide protection for patents and utility models in the countries other than Turkey, the required application processes abroad should be started in 1 year following the first application date. 1 year is the priority period and is extremely important for those who want to protect their patents abroad. While it is sufficient that a trademark is not registered in the country where its protection is requested in order to protect this trademark abroad, and there is a 6-month priority period, an application can be made to this country whenever desired. However, in patents and utility models, the application has to be carried out abroad in 1 year at the latest following the application date in Turkey (or in the other countries). If the application passes 1 year, the subsequent territorial application will be rejected because it does not meet the “novelty” requirement, even if it is the own patent of the applicant.

Patent application abroad is carried out through the conventional territorial application, International PCT application or regional application (such as European Patent) in 1 year following the first application date.

Which methods should be used for the patent protection abroad?

PCT (Patent Cooperation Treaty) Application: Turkey has become a member of PCT treaty in 1996 and there are more than 152 member countries of this treaty. An international research report is arranged by European Patent Office but managed by WIPO-Switzerland after the application to PCT in 1 year following the first application date. In 30 months at latest following the first application date, territorial applications (national stage) is conducted together with this report. The most significant benefit of PCT is a single research report accepted by the member countries (investigation if required) and 30-month time saving. If application is desired for numerous countries, PCT application is the best way in order to save time and to obtain a first impression for the patent.

Regional Patent – European Patent Application: It is possible to obtain protection in a region with a single application by means of this application type. European Patent is recommended for those who have a market in the Europe and Eurasia Patent is recommended for those who have a market in the former Russian republics.

Territorial Patent Application: PCT application or European Patent application is not required if the application of a patent is carried out in a country for the first time and if it does not require numerous countries for the protection abroad, for example 1-2 countries is required. It is sufficient to conduct conventional territorial applications in these countries in one year at the latest.

Markiz Patent provides a professional and boutique service with its patent attorneys experienced in the patent applications abroad and having strong contact networks abroad and European patent attorneys.