Types of Patents
"It is the rights provided by an invention, which is new in the world and Turkey, offering a solution or showing the way to the solutions to a technical problem. The document showing this right is called patent certificate. "
Patent applications provide protection for a maximum of 20 years from the date of application.
What is Invention?
It is an intellectual product that is used to solve a problem in a technical field and has a technical feature.
The most important feature of the invention is that it has a technical feature. Elements that do not have a technical feature, which are only an idea, cannot be considered as invention.
While the invention is sometimes a device or tool manufactured in a brandnew field, sometimes it may be an improvement in a known product or method.
Which Inventions Can Be Patented?
In order for an invention to be patented;
Should be new (absolute innovation, innovation all over the world)
Should exceed the state of the art (if a technical situation related to the invention cannot be determined by a specialist in the field)
Should be applicable to industry (being applicable and producible in a field of industry)
It must meet the above criteria.
What Cannot Be Patented?
Inventions contrary to general morality and public order
Inventions related to the biological reproduction of plant or animal species,
Discoveries, mathematical theories,
Literature and works of art, software
Surgical treatment methods that can be applied to the human body
Types of Patents
Inventions can be protected with 3 systems in Turkey;
Examined Patent System; A system in which the patent is given on the basis of a research report. 20 years of protection can be provided and the protection period cannot be extended.
Un-Examined Patent System; It is the system where the inventor is entitled to protection for 7 years. However, the inventor and 3rd party may request a review before the end of this period. If the examination report is positive, a 20-year protection period and a examined patent document are given based on the date of application.
Utility model; In this system, research report and examination report are not required. It can be obtained more easily and with less cost and in a shorter time compared to the other system with and without examination. If the applicant wishes, he/she can request a research report. Within 3 months after the utility model application is published, third parties can oppose to the publication. The applicant or its representative can respond to the oppositions. The protection period is 10 years from the date of application and this period cannot be extended.