Ata Patent Inc. is a globally recognized Turkish patent law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent has assembled an experienced group of Turkish patent  lawyers to help clients obtain, protect and enforce intellectual property rights, our also answer FAQ Turkish Patents. Our Turkish patent lawyers provide a broad range of patent services including; Turkish patent application, registration, protection such as intellectual property litigation, appeal, opposition, cancellation, assignment, monitoring, search, and licensing. Our attorneys also represent our clients in PCT national phase entries in TurkeyEuropean Patent validation, patent annuities in Turkey.

Ata Patent’s Patent Team has been protecting clients’ intellectual property since 1996. We make it our business to intimately know our client businesses; venturing well beyond the traditional patent prosecution processes of other firms to realize unforeseen opportunities. Please find FAQ Turkish Patents below.

FAQ Turkish Patents

FAQ Turkish Patents

Patent registrations are now more important than ever given that patent registration rights are required to remove infringements on social media, online retail sites, and domains, and scam sites.  We understand how new technologies affect brand strategies, including social media, contextual advertising, and affiliate network advertising. FAQs Patent Law in Turkey.

What is Invention?

Invention is defined as the solution to a specific technical problem. The concept of “invention” forms the basis of the patent law. The inventions are protected through the patent / utility model certificate for the purpose of encouraging the invention activities and the attaining technical, economic and social progresses by means of application such invention to the industrial sectors.

What is Patent?

Patent, granted to the inventor for an invention, is one of the industrial property rights and it grants the right to prevent the production, utilization or sale of the invention by others without permission of the inventor.

What is Utility Model?

Utility model is a system which provides protection of the novel not only in Turkey but also all through the world and industrially applicable inventions. The procedures for the issuance of a utility model certificate are much more convenient than the patent certificates in terms of time and expenses. It has been considered that the simple and inexpensive procedural proceedings for utility models may encourage especially the small and medium scale enterprises (SMEs) and research institutions to make an invention and apply such inventions to the industry.

Besides, particularly today, there exists a risk for the imitation of the inventions realized by the small and medium scale industrialists by the competitors in almost the same manner. Even if an invention is small and modest, the issuance of the utility model certificate for such an invention will serve as protection of the SMEs and their perpetuation economically.

Differences Between Patent and Utility Models

No inventive step is sought for the utility models. In addition, no utility model protection is possible for the methods, the products resulted from such methods and chemical substances.

Novelty: Novelty should be absolute. In other words, the invention should not be explicitly expressed in written form or in any other means or used in the manner to be accessed by the people in all around the world.

Inventive Step: The invention should not be obvious to a person skilled in the field of the invention.

Industrial Applicability: the invention should have the ability of practical application rather than theory.

Issuance of utility model certificate is in favor of the applicant in terms of cost and short process time and it is much easier due to the fact that no examination and search procedures are applied.

What are the Protection periods and Requirements for Extension?

There exist three types of protection systems for the inventions in Turkey:

System without examination; It provides relatively limited protection period, which is 7 years, to the inventors whose financial capabilities are restricted but such system is cheap and speedy. For patents without examination, the applicant or the third parties may claim for examination prior to expiry of the 7-years period. If the examination is resulted positively, then the patent is to be granted for a period of 20 years from the date of application.

System with examination: the procedures take much longer but the patent with examination is much sounder and provides longer period of protection due to the fact that it is based on the examination report which shows patentability of the application (novelty, invention step, industrial applicability). The patent with examination provides 20-years protection . The protection period is, however, not extended.

Utility Model system: no examination and search procedures available. When compared with the other systems, the certificate is granted within a short time. However, upon request of the Applicant, search reports may be furnished for the applications for the utility models. In this system, the third parties may raise their oppositions within three months from the publication of the application. The oppositions are notified to the applicant. The applicant may notify its counter comments or change its claim or request a certificate despite the oppositions. The utility model provides 10-years protection period. The protection period is not extended.

Can all Inventions be Patented?

In order to patent an invention, it should be novel, have an inventive step and be applicable to the industry. However, no patent is granted for the inventions contrary to the general ethics and public order, flora and fauna species or the methods of vegetation or animal breeding, which substantially depend on biological principles.

What Documents are Required for Patent – Utility Model Application?

  • Application petition (1 copy)
  • Description explaining the invention (3copies)
  • The claims which incorporates the technical characteristics of the invention alleged to be new and sought protection (3copies)
  • If required, technical drawings for the related invention (3copies)
  • Abstract (3copies)
  • Original certificate evidencing the payment of the application fee (bank receipt).

How can we Understand if a product is Patented?

Whether a product is patented or not, we can understand through the patent number on the product. The indication of the patent number on any product will prevent the unwilling patent violations. In addition, any patent indication on any product which is not yet patented or indication of any patent on the product whose patent rights have already been ceased, form legally the basis for a crime.

What are the Objectives for the Protection?

In order to patent an invention, it should be novel, have an inventive step and be applicable to the industry. However, no patent is granted for the inventions contrary to the general ethics and public order, flora and fauna species or the methods of vegetation or animal breeding, which substantially depend on biological principles.

According to the law, the inventions are published within a period of 18 months from the date of application. Thus the public becomes aware of the technical developments. In addition, it is avoided to make reinvestment and expend further time for the previous inventions for which every effort is made and time is expended. Thus, the technological developments are accelerated.

Is it Possible to Acquire Revenues through Patents?

The patent holder may use its patent in following ways:

  • The patent holder may produce the product itself.
  • The patent holder may assign the patent rights.
  • The patent holder may receive profit share from the patent rights through licensing.

Turkish Patent & Trademark Office does not provide any financial support to the applicants for the inventions or issue any recommendation for such reason. However, some organizations support the patent applications. You may access to the updated information on this particular matter through the web site of the Turkish Patent & Trademark Office.

Turkish Patents FAQ & Answers

What is Included in Patent Document?

Patent document consists of an abstract in the contents of which a brief technical information on the invention is included, a description outlining the invention, the claims defining the technical properties to be protected and the pictures, if any.

Is Patent a Documentary Evidence of the Commercial Value of the Invention?

Issuance of a patent certificate generates an industrial property right. Thanks to this particular process, you may sell your products yourself or you may permit the others to use and produce through licensing or assign the patent rights. However, the fact that your invention is patented does not mean that it is commercially valuable.

What are can not be Patented?

According to the law, the subjects which are not qualified as inventions are as follows:

  • Discoveries, scientific theories, mathematical methods,
  • Plans, methods, scheue/rules for performing mental acts, for conducting business/trading
    activity and for playing games.
  • Literal and artistic works, scientific works, creations with aesthetic value, computer programs,
  • The procedures with no technical aspects together with the compilation, arrangement, presentation and conveyance of the data,
  • Operational and treatment methods applicable on the human and animal bodies together with the diagnoses on the human and animal bodies. In addition to those listed above, no patent is granted for the inventions contrary to the general ethics and public order, flora and fauna species or the methods of vegetation or animal breeding,

How can you Search whether your Invention is new or not?

Realizing that your invention is not new after a few months of your application may be disappointing due to waste of time money. In order to avoid such circumstances, you would better have an idea about the prior art by conducting pre-searches on the published patents or other available documents through the TPTO web site or other internet sites which provide free of charge searches, or, for a small fee, through TPTO, for the Turkish Patents and EPOQUE database for the patents granted by the other countries. You may pre-search the patents through internet.

For search process, you may access to the descriptions of the Turkish patents scanned since 1995 from the web site and you may search such patents through their titles or you may have an access to the patent documents over 50 million available in the English language from the web site of the European Patent Office at for world-wide search. For patent search, you may visit WIPO which stands for World Intellectual Property Organization, web site at or American Patent Office web site at.

What is Priority Right and what kind of Benefits it Provides to the Inventor?

If the invention is preferred to be protected in more than one country, the right for filing an application for the same invention in another country within a period of 12 months from the date of the initial patent application in any country is called as “Priority Right”.

If any third party files an application for a similar invention between the date of the subsequent application based on the former application by the applicant in another country, such an application by the third parties can not be evidenced as a counter document.

The Applicant claims for priority right which it wishes to enjoy together with the application or within a period of two months from the date of application. If the pertinent certificate of priority right is not submitted within a period of three months from the date of patent application, then it is deemed that no claim is made for enjoying from priority right.

Is any Patent Granted in Turkey Valid in Other Countries?

The patents grant rights within the country in which it is granted. The patents granted in Turkey provide rights only within Turkey. If you wish to obtain patent rights in other countries, you may file applications in each country separately or you may apply through PCT which stands for Patent Co-operation Treaty, an international application system or through EPC which stands for European Patent Convention , a regional application system. However, we recommend you to take professional assistance since such application systems are complex and costly, and to visit web sites of WIPO.

How to File a Patent – Utility Model Application in Foreign Countries?

The applicants who wish to file patent – utility model applications abroad, should file applications in each of such countries prepared in accordance with the legislation of the that country and in the language of the same, However, in pursuance with the Patent Co-operation Treaty entered into force on January 01, 1996 in Turkey, the applicants who wish to protect their inventions in more than one country, may file patent applications in the form of a single application in all or a part of the member countries of PCT. The leaflet which contain basic information about PCT and the application forms necessary for PCT applications can be provided by our Institute free of charge.

In addition, it is possible to obtain patent protection in all or selected countries who are the parties to EPC through patent application to be made pursuant to the European Patent Convention entered into force in Turkey on November 01, 2000.

What Kind of Claims can a Patent Holder Use?

Both criminal and civil litigation procedures are applicable against violations of the patented rights. Any patent holder whose rights arising from such patents are infringed can demand the following at the courts:

  1. Prevention of violation,
  2. Cease of violation,
  3. Removal of violation,
  4. Determination of violation,
  5. Compensation (for damages)
  6. Withholding
  7. Recognition of proprietary rights on the counterfeited products and tools
  8. Figurative changes and eradication
  9. Notification of the judicial resolutions to the parties concerned, announcement to the public and advertisement of the final verdict.
  10. Precautionary measures

We outlined FAQ Turkish Patents and answers above, please contact us if you have anymore questions.

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Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management. We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, litigate in IP courts and before TPO. For a complimentary consultation you may reach our patent attorneys for FAQ Turkish Patents by sending an e-mail or through our Contact page.