Ata Patent has assembled an experienced group of Turkish patent lawyers to help clients obtain, protect and enforce intellectual property rights, we also answer patent FAQs in Turkey.
Our Turkish patent lawyers provide a broad range of patent services including; Turkish patent application, registration, and 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 Turkey, European Patent validation, and patent annuities in Turkey. Please find Patent FAQs and answers in Turkey below.
Patent FAQs & Answers in Turkey
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. Turkish Patent FAQs.
What is Invention?
The invention is defined as the solution to a specific technical problem. The concept of “invention” forms the basis of patent law. The inventions are protected through the patent/utility model certificate for the purpose of encouraging the invention activities and attaining technical, economic, and social progress by means of applying such inventions to the industrial sectors.
What is a Patent?
A 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 the permission of the inventor.
What is Utility Model?
A utility model is a system that 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 for 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 a manner to be accessed by people 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 inventions in Turkey:
The system without examination; provides a relatively limited protection period, which is 7 years, to the inventors whose financial capabilities are restricted but such a system is cheap and speedy. For patents without examination, the applicant or the third parties may claim for examination prior to the expiry of the 7-years period.
If the examination results positively, then the patent is to be granted for a period of 20 years from the date of application.
The system with examination: the procedures take much longer but the patent with examination is much sounder and provides a longer period of protection due to the fact that it is based on the examination report which shows the patentability of the application (novelty, invention step, industrial applicability).
The patent with examination provides 20 years of 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 opposition 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 opposition. The utility model provides a 10-year 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 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)
- A description explaining the invention (3copies)
- The claims incorporate 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 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 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, technological developments are accelerated.
Is it Possible to Acquire Revenues through Patents?
The patent holder may use its patent in the following ways:
- The patent holder may produce the product itself.
- The patent holder may assign the patent rights.
- The patent holder may receive a 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 patent applications. You may access the updated information on this particular matter through the website of the Turkish Patent & Trademark Office.
Patent FAQs & Answers in Turkey
What is Included in Patent Document?
A patent document consists of an abstract in the contents of which 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 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 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, schedule/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 are applied to the human and animal bodies together with the diagnoses of 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 a waste of time and 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 website.
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 the internet.
For the search process, you may access the descriptions of the Turkish patents scanned since 1995 from the website 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, website at or the American Patent Office website at.
What is Priority Right and what kind of Benefits does it Provide 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 “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 rights 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 the 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.
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 a patent – utility model application abroad, should file applications in each of such countries prepared in accordance with the legislation of 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.
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 contains 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 that 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:
- Prevention of violation,
- Cease of violation,
- Removal of violations,
- Determination of violation,
- Compensation (for damages)
- Withholding
- Recognition of proprietary rights on the counterfeited products and tools
- Figurative changes and eradication
- Notification of the judicial resolutions to the parties concerned, an announcement to the public, and advertisement of the final verdict.
- Precautionary measures
We outlined Patent FAQs in Turkey and the answers above, please contact us if you have any more questions.
Reach us for Patent FAQs in Turkey
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 various industries and in multiple countries, and litigate in IP courts and before TPTO.
For a complimentary consultation, you may reach our patent attorneys for patent FAQs in Turkey by sending an e-mail or through our Contact page.
