Most patent systems in Türkiye and around the world require an invention to meet three main conditions in order to receive patent protection.

1. Novelty

For an invention to be considered novel , it must not have been publicly disclosed anywhere in the world at any time, whether through written or oral presentation, use, or any other means . No one should have had access to this information prior to the filing of the patent application.

• Example: A new door locking mechanism for an oven is considered new if it has never been used in any oven before or if there has been no publication about this mechanism anywhere .

2. Inventive Step

This is the most debated and frequently rejected requirement in patent applications. An invention has an inventive step if it does not arise obviously (clearly) from the existing situation (known state of the art) to a specialist in the relevant technical field

• Simply put: Your invention shouldn't be a solution that an average, knowledgeable expert in the field could easily arrive at by piecing together existing information. a surprising impact .

3. Industrial Applicability

The invention must be able to be produced or used in any branch of industry, including agriculture . This is usually the easiest condition to meet; anything that is practically feasible will satisfy this criterion.

• Example: A software algorithm is applicable to industry.

Determining the Inventive Step: The "Non-Obvious" Limit

The process of determining the inventive step is generally an objective evaluation process that proceeds through the following steps:

Step 1: Determining the Closest Technique

The existing patent, article, or product (priority art) that comes closest to an invention and contains the closest approach to solving the technical problem is identified

Step 2: Formulating the Solved Technical Problem

It is clarified what advantage the invention offers compared to the nearest technology , or what technical problem it solves (e.g., “Reducing energy consumption by 20%).

Step 3: Evaluation from an 'Expert's' Perspective

The question is whether a hypothetical expert in the relevant technical field could easily arrive at the solution proposed in the invention by reviewing the known state of the art to solve the given technical problem .

Discovery Stage Assessment with Examples

📉 Example with a High Likelihood of Rejection (Obvious)

• Invention: Using thicker insulation material in an existing coffee machine to keep coffee hot for longer

• Assessment: When faced with the problem of keeping coffee hot, one of the first solutions that would come to mind for an expert or even a casual user is to increase insulation. This expected and obvious engineering choice. Therefore, there is no inventive step involved.

High Probability of Registration (Unobvious) Example

• Invention: A method for breaking down dirt and grease on the interior surface of an oven using only a sound wave generator that emits vibrations at a specific frequency, without the use of chemicals

• Assessment: Current furnace cleaning methods use chemicals or high heat (pyrolysis). For an expert in the field to combine sound waves and a specific frequency when solving the cleaning problem is an unexpected solution that doesn't clearly deviate from the known state of the art . This represents an inventive step.

Conclusion

For your patent application to be successful, it's not enough for your idea to be simply novel ; it must also create a surprise effect that will make even experts in the field say , "Why didn't anyone think of this before?" The inventive step is the cornerstone of your patent, and drawing this line correctly will maximize the value of your idea.

Working with a patent attorney during this process will greatly increase your chances of registration by providing a professional assessment of the inventive step.

Frequently Asked Questions (FAQ)

1) How can I tell if my discovery is "obvious"?

The most important question to ask yourself is: “Would an expert in the relevant field easily arrive at this result by combining existing knowledge (patents, publications, products) to solve this problem?” If your solution is simply a juxtaposition of two existing techniques (for example, adding color B to machine A), the inventive step is low. If the solution creates a new and unexpected function , the inventive step is high.

2) Can I explain my invention to someone before filing a patent application?

Absolutely not recommended! Any public disclosure ( publications, trade shows, articles without a confidentiality agreement ) made before filing a patent application will impair the novelty of your invention. You should make disclosures after your application date. If disclosure is mandatory, be sure to sign a Non-Disclosure Agreement (NDA) beforehand .

3) What is the cost of a patent application?

Costs vary. They consist of official registration fees, patent attorney fees, and court fees. International protection (PCT) costs are much higher. Typically, a budget of thousands of Turkish Lira is required for the initial application

4) What is the difference between a utility model and a patent?

A utility model is a type of protection granted to simpler inventions, excluding chemical formulas and processes. The main difference is that the "inventive step" requirement is not sought in utility model registration . Only the requirements of "novelty" and "industrial applicability" are sought. The protection period is shorter than a patent (20 years) (10 years).

11TH CIVIL CHAMBER OF THE SUPREME COURT OF APPEALS

CASE REGARDING THE INVALIDATION OF A PATENT DUE TO LACK OF AN INVENTORY STEP

Patent Claim: To increase energy efficiency in a conveyor belt system by combining a conventional X-type motor with a conventional Y-type sensor. 

The Court of Cassation's Approach: “ It has been determined that the subject of the patent consists of combining two separate, existing and known solution elements (X motor and Y sensor) in the relevant technical field for an expected and obvious purpose (energy efficiency); that this combination does not create a new, surprising technical effect or function according to the known state of the art ; and therefore, it is easily attainable for an expert in the technical field. It is evident that an expert in the relevant technical field could have reached this solution with their existing knowledge, taking into account the problem to be solved. Since the inventive step requirement has not been met, the decision to invalidate the patent is correct.”

11TH CIVIL CHAMBER OF THE SUPREME COURT OF APPEALS

CASE FOR INVALIDATION OF PATENT DUE TO LACK OF NOVELTY

Patent Claim: Technical specifications of a newly developed liquid dosing pump. 

The Court of Cassation's Approach: “It has been established that the defendant patent holder exhibited the dosing pump, which is the subject of the invention, at a trade fair eight months before filing the patent application, and presented all the technical details of the product (without a confidentiality agreement) to visitors and competitors. Exhibiting and presenting the product at the fair constitutes a public disclosure of the invention. The invention, having been publicly disclosed before the patent application, has lost the novelty requirement within the meaning of Article 83 of the Industrial Property Law No. 6769. The decision to uphold the invalidity of the patent has been affirmed.”