PATENT AND UTILITY MODEL

What is Patent and Utility Model?

The invention is defined as “the solution of any specific problem in the industry, including agriculture”.

Patent is the case where inventor has the right to manufacture, use, sell or import the product for a certain period of time. These rights are also protected by patent or utility model documents. Patent documents provide the right to allow or prevent the unauthorized use of the invention for certain periods of time.

The competent authority for the registration of patents and utility models in our country is the Turkish Patent and Trademark Office (briefly TÜRKPATENT).Protection coverage is determined by the Industrial Property Law No. 6769.

Just as investments are secured in some ways and they are insured, the importance of your inventions should be protected without ignoring.

Benefits of Registration?

Production can be made for a patented or non-patented invention. However, a patented invention cannot be produced, sold, exported or imported by others without the consent of the inventor.Penal sanctions are imposed on activities carried out without permission from the applicant for a patented product.

  • Your inventions become official with Patent Registration Certificate or Utility Model Registration Certificate.
  • Prevents unlawful benefit attempts resulting from unauthorized use of your inventions and allows enforcement of sanctions.
  • Enables state grants and grants to be utilized.
  • With the registered right use of your invention by others in commercial fashion shall be prevented, competitive power increased and you’ll enable your enterprise to stand in forefront in the market.
  • It eliminates risks to from competitors in your commercial life.
  • Transformation of investments into profit – A significant amount of time and money is invested to produce advanced products.Under the umbrella of special rights granted by patent protection, you can transform your disbursement to profit.
  • Possibility of license and transfer agreement for invention – If you do not want to produce your invention yourself, you can earn revenue by making a license or transfer agreement with another company.
  • Image – The vast majority of your patent numbers will ensure that your company has high level of expertise in terms of your business partners and investors, and will be perceived as a demonstration of its technological capacity and strengthen the market value of your company.
  • Accelerates institutionalization with R&D processes.

Protection can only be achieved through registration.

Patent search is the first step recommended to evaluate the criteria of innovation, inventive step and industrial applicability criteria.

The criteria provided by the inventor are compared with inventions published worldwide and the results are reported.

Documents required by Anadolu Patent to file a patent/utility model application in Turkey:

  • Applicant(s)’s name(s), nationality and address (es)
  • Inventor(s)’s name(s), nationality and address (es)
  • Title of invention
  • Full text specification including description, claims, and abstract in original language or in English; and drawings (if any)
  • Power of Attorney (not legalized)

You may find sample documents in Document Library page.

The most important point in the appeal process is the appeal petitions prepared by combining the acquired experience and legal resources together with the evidence documents proving the rights of ownership.
Patents registered by TÜRKPATENT are protected for 20 years from the date of application. It is possible to maintain the patent right every year, provided that the annual registration fees are paid.

Utility model applications registered by TURKPATENT are protected for 10 years from the date of application. It is possible to maintain the utility model every year, provided that annual registration fees are paid.

Patent and utility model annual registration applications start 6 months before the end of protection and end on the day the protection ends.An annual registration may be requested within 6 months of the end of term, provided that the annual registration fee is payable at an additional fee.Patent and utility model applications for which an annual record registration request has not been submitted within six months from the end of the protection period become invalid.

In order not to face a problem with respect to the protection of your patent rights, registration of patent owner’s title and address changes, patent transfer, licensing, merger, division or inheritance changes in the title of the patent and the transactions such as attachment and pledge must be registered with the Turkish Patent and Trademark Agency.

Notarized contracts must be submitted for transfer and licensing transactions.

The International Patent Classification (IPC) system has been established in order to classify patent documents in one and the same way to prevent the confusion that may arise from the use of different national patent classification systems. IPC is a hierarchical system consisting of departments, classes, subclasses and groups (main group and subgroup).The 8th edition of IPC contains approximately 70,000 groups under 8 sections identified by one of the capital letters from A to H in the current edition.
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