Patent and Utility Model Registration
PATENT REGISTRATION It is the recognition of the right to produce and market the inventive product for a certain period of time (20 years) to the owners of the inventions that are in accordance with the criteria of being new in the world, being applicable to the industry, and exceeding the known state of the technique.
Patent Certificate Owner, Patent Subject Product or Method; It has the right to prevent third parties from producing, selling, using or importing or keeping it for any reason other than personal need for these purposes. It can generate income by marketing it in different ways in domestic or foreign markets through license agreements. By not licensing anyone in its own market area, it has the opportunity to become a single source (single producer) and narrow the market volume of its competitors.
Patent Application Systems; National Patent Application (available in Turkey), to be held in any foreign country local patent, European Patent Application (up to 35 can be directed to European countries), International Patent Application (PCT - More than 100 members may be directed to the country) Patent Tracking will offer entrepreneurs is done main advantages;
- Monitoring the technology of domestic or foreign competitors,
- Detection of the latest technological developments in the field of activity,
- Possibility to examine in detail the technologies considered to be imported.
What is Infringement of a Patent Right?
- Imitating the product subject to the invention partially or completely without the permission of the patent owner,
- Selling, distributing or otherwise bringing the products produced by infringement to the commercial area or importing for these purposes or keeping them for commercial purposes and using them by putting into practice,
- To use the method subject to the invention without the permission of the patent owner or to sell, distribute or otherwise bring the products to the commercial area or keep them for these purposes,
- To expand the contractual or compulsory license granted by the patent owner without permission or to transfer these rights to third parties,
- To encourage them by participating or helping the specified elephants or to facilitate the construction of these elephants, regardless of the form and conditions
- Refrain from reporting from where or how the goods that he own or were unfairly produced or brought to the commercial area were purchased,
What Are Invention Subjects That Cannot Be Protected With Patents?
- Discoveries, scientific theories, mathematical methods;
- Plans, procedures and rules regarding mental, commercial or gaming activities;
- Literature and art works, scientific works, creations with aesthetic quality;
- Methods without technical aspects regarding the compilation, organization, presentation and transmission of information;
- Surgical and treatment methods to be applied to human or animal body and diagnostic methods related to human and animal body.
Required Documents for Patent Application;
- Application petition,
- The description explaining the subject of the invention,
- Claims or claims covering the elements or elements of the invention that are requested to be protected by patent
- Pictures referenced in the description, claims or claims,
Utility Model Registration Utility Model protection, Turkey and for a certain period to the owners of the invention can be applied to new and industry in the world (10 years), to produce this invention is the recognition of product and marketing rights.
All the rules valid in patent applications are also valid in utility model applications. The features that distinguish patent applications from utility model applications briefly; Protection period is 10 years, utility model applications cannot be made for newly developed chemicals and methods, “Invention step” condition sought in patent applications is not sought in utility model applications.
qualifications should bear in order to protect by giving a blend of utility model certificate: Innovation: prior to the date of filing the present invention to the utility model certificate application, either in Turkey or in the world as written in such a way that everyone can be accessed or disclosed in any other way or if used nationwide, is not new.
before the date of the utility model certificate application, patent or utility model certificate applications made in Turkey, delivered, even if they are after the date of utility model certificate application, eliminating the novelty of the invention subject to application. Industrial Applicability: If the invention can be produced or used in any branch of industry, including agriculture, it is considered to be applicable to industry. Scope of the right arising from the utility model: The owner of the utility model right benefits from the utility model right without any discrimination on the location of the invention, the technology field and whether the products are imported or domestic production.
The owner of the utility model has the right to prevent third parties from producing, selling, using or importing the product subject to the utility model without permission, or to prevent it from being held for any reason other than personal need.
The information and documents required for the utility model application to be made to the Turkish Patent and Trademark Office are presented below:
- Information about the applicant or its owners (Name, surname, nationality,
- post code,
- phone number,
- fax number,
- If the priority right is requested, information about the first application (priority country, date and number)
- Information about the inventor (Name, surname, nationality, address)
- Invention title: Defines the invention briefly and does not include terms of trademark nature. It preferably consists of 2-7 words.
- Description: There should be a text that fully describes the subject of the invention. It should be written clearly and adequately to ensure the application of the invention. It determines the technical issue to which the invention is concerned. In order to understand the invention, its analogues are given in detail and explained in a way to allow comparison of the differences between the new invention that is desired to be protected and the others.
- Technical problems that the invention aims to solve: Which technical problems the invention aims to solve is explained.
- Explanation of the pictures: If available, a brief description of each picture is made, the numbers and definitions of all the parts in the pictures are explained.
- Description of the invention: If there is, the invention is explained using the pictures. In this section, the invention is explained in detail without any doubt. The innovations and advantages of the invention are expressed and all details are given so that the invention can be adopted by a person skilled in the art. Information is given about the industrial application of the invention.
Claims or claims covering the elements or elements of the invention that are requested to be protected by a patent:
The application may contain one or more requests. The claims are written in numbers to indicate the inventive features and in detail, taking into account the essence of the invention.
Pictures referred to in the description, claims or claims: If the description of the machine, device, product or method subject to the invention requires pictures in the description, the pictures are arranged as follows. Flowcharts and diagrams are considered as pictures. The pictures do not contain a text, exceptionally and when unavoidable, a single word or words such as water, steam, open, closed, AB section; In the case of electrical circuits and block diagrams or flowchart diagrams, it may contain a few words that are necessary for understanding. Figures and important parts and parts are numbered in the order of expression in the description. Pictures are made in solid black, dense and dark enough, uniformly and no color is used. The same picture page can contain several shapes. It serves only for technical information purposes. The description is the essence of the demands and features, if any, contained in the drawings. It is the section that best characterizes the invention.