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Telephone: 0212 290 62 77 (pbx) - E-Mail: lawyers@basalan-law.com.tr

Patent / Utılıty Model

patent



Invention; Invention is defined as “Solving any problem in the field of technology”.
Patent; Patent is a certificate which is given to the inventors in the result of a detailed explanation of the invention and provides right for producing, using, selling or importing for a limited time to the applicants.

Patent Right; takes an important place in the intellectual and industrial property rights with the traditional terminology is a right that is not related with the material and interested in the countries that are developing.

Patent;

- Novel in Turkey and all over the world,
- Applicable to the industry
- State of art
The inventions that meet above criteria provide the applicants rights for producing and marketing for limited time (20 years)

Novelty: Any invention which is not part of/comprised in the State-of-the-Art shall be deemed as novel. The State-of-the-Art shall be held to comprise information/data pertaining to the subject matter of the invention, accessible to the public in any part of the world,prior to the date of filing of the application for patent by disclosure whether in writing, or orally, by use or in any other way.

Applicability to the industry: An invention shall be regarded as being applicable in industry where it is susceptible to be produced or used in any given field of industry, including agriculture.

State of art: An invention shall be deemed to surpass the State-of-the-Art (to involve inventive activity/step) when it is the result of an activity which is not obviously realizable from the State-of-the-Art, by a person skilled in the concerned technical field.

Patent system is a system which gives privilege to the inventor in the scope of using the invention and let the third parties to use the invention for a predetermined time and thus encourages invention and helps the development of the industry and today, it is applied and accepted by all developed countries.

Patent Application Process Steps:

- Patent Application is filed through Turkish Patent Institute (1 day)
- Application is examined for the formal suitability by Turkish Patent Institute
(1-1,5 month)
- Patent application is published for announement to the third parties (6 months)
- Application is sent to the searching Office for the searching procedure to be completed (10-12 months / varies according to the workload   of the searching Office)
- The mentioned searching report is published (6 ay)
- After receiving the search report, the examined or un-examined system prefer is filed.
(3 months)

a-In the examined patent system:

- Application is sent to the examination Office for the examination procedure (10-12
months / varies according to the workload of the examination Office)
- If the result of the examination report is negative, there are 3 examination rights.
- If the examination result is positive, the granting procedures start.
- Turkish Patent Institute notifies the grant, decision (3 months)
- The granting fee is paid (3 months)
- The grant is published in the Official Patent Bulletin.
- The patent certificate is sent (1-3 months)

b –In the un-examined patent system:

The granting procedures start without conducting any examination.

We will be very pleased to assist your esteemed firm for the patent registration and protection procedures. In order to have more information about patents;
www.basalanpatent.com.tr 
 

 

UTILITY MODELS

- Novelty in Turkey and all over the world,
- Applicability to the industry (the invention is not evaluated within the state of the art criteria)
For the inventions that meet above-mentioned criteria, the production and marketing rights are given for ten years.

If the advantage of the utility model protection is summarized; since the different arranging in the examination system, the utility model certificate is more suitable for time and financial side. On the other hand, especially nowadays, there is the danger of counterfeiting of the novelties that are created by the small and medium sized enterprises by their competitors. Even though they are minor inventions, to protect the inventions of these small and medium sized enterprises by granting them utility model certificates will support their economic well-being. In other words, the utility model protection is regulated in a way to act against the infringement actions easier and faster when compared with patent protection.

The conditions of the utility model protection:

Novelty: Information/data pertaining to the subject matter of the invention, accessible to the public in any part of the world, prior to the date of filing of the application for patent by disclosure whether in writing, or orally, by use or in any other way.

Applicability to the industry: An invention shall be regarded as being applicable in industry where it is susceptible to be produced or used in any given field of industry, including agriculture.

Utility model protection is valid for ten (10) years starting from the application date.

Converting the utility model certificate into the patent certificate: 

The utility model applicant can request the evaluation of his/her application to be converted into patent application before the utility model granting decision of the Turkish Patent Institute.

It is not possible to convert the utility model into patent upon receiving the Utility Model Certificate. 

Utility model application process steps: 

- Filing the utility model application (1 day)
- Notifying the formal suitability of the application (approximately 1-1,5 month)
- Publication of the application (Application is published for the opposition of the third
parties for 3 months)
- Granting decision (Granting fee is paid within three months starting from the granting
date)
- Publication of the grant
- Sending the utility model certificate

 

We will be very pleased to assist your esteemed firm for the utility model registration and protection procedures. In order to have more information about utility models; 

www.basalanpatent.com.tr 

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