A|T|A Turkish Patent & Trademark Law Group

Turkish Patent Lawyers

While Ata Turkish Patent & Trademark Law Group’s client representation ranges from single inventors to large companies, our goal for each client is always the same: to guide our client through the maze of regulations and procedures involved in obtaining a patent so as to secure a patent commensurate with the goals and business strategy of the client. In this regard, our attorneys assist clients to develop intellectual property portfolios that serve specific business objectives so as to yield clear strategic returns. In many cases, this means seeking the broadest claims to which an invention is entitled so as to foreclose competitors from market share. In other cases, this may involve the filing of defensive patents to ensure that a client can operate in a space uninhibited by their competitors. As corporate initiatives are increasingly driven by intellectual property, the quality of patent prosecution advice rendered to a client can have enormous financial consequences.

Ata Turkish Patent & Trademark Law Group's attorneys' expertise affords our clients the fullest range of patent prosecution services and capability to render such advice:

• Preparation and filing of provisional and non-provisional patent applications
• Comprehensive patent prosecution services in Turkish for utility and design patents
• Prosecution of international patent applications under the PCT
• Coordination of patent prosecution in foreign countries and regions
• Counseling on "shop rights"
• Prosecuting interference contests to resolve priority in invention
• Patent appeals to the Turkish Patent Institute
• Filing and opposing reissue and reexamination applications
• Rendering legal opinions on the strengths and weaknesses of patents
• Rendering legal opinions on patentability, validity, enforceability, and infringement
• Patent infringement litigation in Turkish courts
• Patent appeals in the Turkish Supreme Court
• Patent portfolio audits, counseling, and management

To permit our clients to build a patent portfolio that is integrated with their business strategies, we seek early on to understand the strategic goals of each client. We also counsel our clients on how to best build a portfolio that maximizes both core technologies and non-core technologies. Likewise, we counsel clients on processes and procedures for identifying potentially patentable technology and prioritizing inventions based on the strategic goals.

We also work with our clients to ensure they and their employees—inventors, engineers—understand the patent process and follow policies and guidelines that protect against inadvertent loss of rights in an invention. In this regard, we routinely conduct industry and in-house seminars on the patentability process, including procedures on documenting conception of an invention, limitations on public written disclosures of the invention (such as in marketing materials or research papers), use of diligence in pursing an invention, and the disclosure requirements necessary to ensure that any issued patent is as defensible as possible.

One critical component to developing a patent portfolio with the greatest possible value to a particular client is to monitor the direction of research and types of patents that are being filed. All too often, companies expend resources pursuing non-core technology that does not fit into any identified strategy of the company.

In another regard, we assist our clients in assessing possible commercial return on investment in the inventions for which patents are sought. Owners of intellectual property rights must insure that they do not fall into the trend of expending a significant amount of resources that only yield incremental increase in the owner's patent portfolio. It is crucial to consider how a patent is to be utilized:

• Develop business assets, products, and services
• Generate licensing revenues
• Discourage litigation from competitors
• Create and strengthen alliances with other companies

Of course, these considerations must be carefully balanced with the scope of claims available for patent protection and the realities of commercialization, licensing, and litigation.

The firm provides patent prosecution and counseling services in a wide range of technical and business areas, in almost every industry, and in both the retail and commercial markets, including consumer products, pharmaceuticals, life sciences and medical technology, manufacturing, financial services, computers, and telecommunications.

Turkish Patent Litigation

Winning an IP case is the product of experience and the execution of a skillful, balanced strategy. In litigation, Ata Turkish Patent & Trademark Group capitalizes on its attorneys' experience in having filed and prosecuted hundreds of trademark, patent, and copyright applications. Our teams of IP attorneys and trial lawyers have litigated all types of intellectual property matters in Turkish courts.

Clients confronted with disputes involving their patents, trademarks, service marks, trade dress, trade secrets, or copyrights can rely on our experienced litigators to aggressively defend their interests in matters extending from infringement claims to unfair competition to disputes over commercial licensing agreements. We assist our clients in all stages of intellectual property conflicts and resolution of the conflict, from pre-litigation analysis and communications through final verdict and, if necessary, appeal.

Ata Turkish Patent & Trademark Group attorneys have successfully represented numerous corporations, including Fortune 500 companies, in infringement lawsuits involving intellectual property. Our experience includes successful appeals to Turkish Supreme Court. Our IP trial lawyers have also enforced and defended our clients' intellectual property rights in arbitrations, alternative dispute forums, and proceedings before the International Trade Commission.

We actively monitor the use of our clients' intellectual property, and we can act quickly to enforce these various rights against infringers through the effective use of temporary restraining orders and preliminary injunctions. With vast experience in both prosecuting and defending litigation cases involving patents, trademarks, and copyrights, we have been successful in recovering damages and quickly obtaining injunctions for our clients. In some cases, our commercial litigation experience allows us to resolve licensing and contract disputes quickly and efficiently.

Patent Renewals 

Patents with examination are protected for 20 years, patents without examination are protected for 7 years and utility models are protected for 10 years. For the patents without examination, an examination request may be made within 7 years and then the term of the patent may be completed to 20 years. Patents and utility models must be used in the market within 3 years.

Official fees, namely "annuities' should be deposited in the Turkish Patent Institute by a representative of the company or a patent agent firm. They are payable for second and each subsequent year following the relevant filing date, that is, Turkish filing date for conventional applications, international filing date under PCT or EPC.

The annuities which are due or over due should be paid in advance upon entry in Turkish Phase. Payment of an annuity may be delayed for 6 months by paying a fine. Delays in meeting time limits for payment of annual fees may be excused in case of force majeure.

In case such fees are not deposited, patents and utility models are considered in valid, that is, the monopoly right thereom is removed and they became the property of the public.

Non-Patentable Subjects

There have been defined non-patentable subject-matters and inventions under Article 6 of Decree Law No: 551.

Not considered inventions as of their nature:

• Discoveries, scientific theories, and mathematical methods
• Plans, methods, schemes and rules for performing mental acts, for  conducting any business or trading activity, or for playing games
• Literary and artistic work, scientific works, and creations being of aesthetic character
• Computer programs
• Methods that involve no technical aspect, for collection, arrangement, offering or presentation and transmission of information or data
• Methods of therapy and surgery and diagnostic methods applied to the human or animal body
• Considered invention but unpatentable subject matters:Inventions the subject-matter of which is contrary to public order or to generally accepted principles of morality
• Plant and animal varieties and species, and processes for breeding plant or animal varieties, that are mainly based on biological factors.