Patents and Utility Models

A patentis a document that grants the inventor the exclusive right to produce, sell, and use their invention for a limited period. As a result of this document, all rights to the invention belong to the inventor, and no one can use it without their permission. In Turkey, the Turkish Patent and Trademark Office (TÜRKPATENT) is authorized to issue this document.

Certain conditions are stipulated for obtaining a patent. Accordingly, the invention in question must possess certain qualities. These are:

1. Innovation
2. Industrial applicability
3. Invention

According to these conditions, the invention subject to the patent application must be something that has not been previously made anywhere in the world. It must bring something new to the world. In addition, the invention must be industrially applicable and have commercial value. In fact, the desired characteristic is that the invention is applicable in real life, that it can be transferred from theory to practice. It must be an invention and offer a solution outside of known technical solutions.

According to Decree Law No. 551 on the Protection of Patent Rights, the subjects that cannot be patented are determined. Accordingly, patent applications for literary and artistic works, computer software, surgical or treatment methods, inventions that are contrary to general morality or disrupt public order, mathematical theories, etc., will be rejected.

Patent protection lasts for 20 years from the date of granting. This is the general duration. However, this period may be extended in certain specific cases, such as in the pharmaceutical industry.

The right to apply for a patent belongs to the inventor or their successors. This right can be transferred to other persons. An invention may be made by one person or by several people together. In such a case, the right to apply for a patent is the joint right of all of them, not just one. However, the inventors may agree otherwise. In such a case, the joint right ceases to exist. If identical inventions are made simultaneously by unrelated persons, the right to apply for a patent belongs to the first applicant or the one with priority over the other.

Once a patent is granted, the patent holder or their authorized representative is obligated to use the patented invention. They must also prove this use with an official document. This document proving use is then recorded in the patent register.

The same person who filed the patent application or who holds the patent may file a supplementary patent application for another invention that complements or improves upon the original patented invention.

If the annual fee and any additional fees are not paid, patent protection will terminate prematurely, regardless of its expiration date.

    A utility model, like a patent, grants the inventor the right to exclusively produce, sell, and use their invention for a limited period. However, there are some differences between patents and utility models. In this context, let's examine the requirements for utility model protection. The requirements for utility model protection are:

1. Innovation
2. Industrial applicability

A utility model is also called a minor patent. A patent protects the technical specifications of an invention (structure, operation, production methods, etc.). A utility model, on the other hand, protects the functional features (technical solution) of a device.

A utility model certificate provides protection for 10 years.

According to Article 155 of Decree Law No. 551 on the Protection of Patent Rights, in addition to the subjects that cannot be patented, some of which are mentioned above, utility model certificates cannot be granted for processes, products obtained as a result of these processes, and chemical substances.

A utility model certificate is issued more quickly and easily than a patent. Patent applications undergo a much more detailed search phase. Utility models do not require such a detailed examination. Patents require more documentation than utility model certificates. Additionally, patent application fees are higher.

The same principles that apply to patents should be reiterated regarding who has the right to file a utility model application.