What is an invention?
The invention is defined as the solution to a specific technical problem. The concept of 'invention' forms the basis of the patent law. The inventions are protected through the patent /utility model certificate for the purpose of encouraging the invention activities and the attaining technical, economic and social progresses by means of application such invention to the industrial sectors.

What is patent?
Patent, granted to the inventor for an invention, is one of the industrial property rights and it grants the right to prevent the production, utilisation or sale of the invention by others without permission of the inventor.

What is utility model?

The utility model is a system which provides protection of the novel not only in Turkey but also all through the world and industrially applicable inventions. The procedures for the issuance of a utility model certificate are much more convenient than the patent certificates in terms of time and expenses. It has been considered that the simple
and inexpensive procedural proceedings for utility models may encourage especially the small and medium scale enterprises (SMEs) and research institutions to make an invention and apply such inventions to the industry. Besides, particularly today, there exists a risk for the imitation of the inventions realised by the small and medium scale
industrialists by the competitors in almost the same manner. Even if an invention is small and modest, the issuance of the utility model certificate for such an invention will serve as protection of the SMEs and their perpetuation economically.

What are the documents required for the application for patent / utility model ?

- Letter of application (Available at TPE internet site, 1 copy)
- Description explaining the invention (three copies)
- The claims which incorporates the technical characteristics of the invention alleged to be new and sought protection (three copies)
- If required, technical drawings for the related invention (three copies)
- Abstract (three copies)
- Original certificate evidencing the payment of the application fee (bank receipt).

Which system is applicable for the protection of the inventions?
What are the protection periods and the requirements for extension of such periods?
There exist three types of protection systems for the inventions in Turkey:

System without examination; It provides relatively limited protection period, which is 7 years, to the inventors whose financial capabilities are restricted but such system is
cheap and speedy. For patents without examination, the applicant or the third parties
may claim for examination prior to expiry of the 7-years period. If the examination is resulted positively, then the patent is to be granted for a period of 20 years from the date of application.

System with examination : the procedures take much longer but the patent with examination is much sounder and provides longer period of protection due to the fact that it is based on the examination report which shows patentability of the application (novelty, invention step, industrial applicability). The patent with examination
provides 20-years protection . The protection period is, however, not extended.

What are the differences between a patent and utility model?

No inventive step is sought for the utility models. In addition, no utility model protection is possible for the methods, the products resulted from such methods and chemical substances.

Novelty : Novelty should be absolute. In other words, the invention should not be explicitly expressed in written form or in any other means or used in the manner to be accessed by the people in all around the world.

Inventive Step: The invention should not be obvious to a person skilled in the field of the invention.

Industrial applicability : the invention should have the ability of practical application rather than theory.

Issuance of utility model certificate is in favour of the applicant in terms of cost and short process time and it is much easier due to the fact that no examination and search procedures are applied

Which system is applicable for the protection of the inventions? What are the protection periods and the requirements for extension of such periods?
There exist three types of protection systems for the inventions in Turkey:

System without examination; It provides relatively limited protection period, which is 7 years, to the inventors whose financial capabilities are restricted but such system is
cheap and speedy. For patents without examination, the applicant or the third parties
may claim for examination prior to expiry of the 7-years period. If the examination is resulted positively, then the patent is to be granted for a period of 20 years from the date of application.

System with examination : the procedures take much longer but the patent with examination is much sounder and provides longer period of protection due to the fact that it is based on the examination report which shows patentability of the application (novelty, invention step, industrial applicability). The patent with examination
provides 20-years protection . The protection period is, however, not extended.
Utility Model system ; no examination and search procedures available. When compared with the other systems, the certificate is granted within a short time. However, upon request of the Applicant, search reports may be furnished for the applications for the utility models. In this system, the third parties may raise their oppositions within
three months from the publication of the application.

The oppositions are notified to the applicant. The applicant may notify its counter
comments or change its claim or request a certificate despite the oppositions. The utility
model provides 10 – years protection period. The protection period is not extended.

Can all inventions be patented?
In order to patent an invention, it should be novel, have an inventive step and be applicable to the industry. However, no patent is granted for the inventions contrary to the general ethics and public order, flora and fauna species or the methods of vegetation or animal breeding, which substantially depend on biological principles.

What kind of information is included in the patent document?

The patent document consists of an abstract in the contents of which a brief technical information on the invention is included, a description outlining the invention, the claims defining the technical properties to be protected and the pictures, if any.

What are the subjects and inventions for which no patent is to be granted?
According to the Decree Law numbered 551, the subjects which are not qualified as inventions are as follows :
- Discoveries, scientific theories, mathematical methods,
- Plans, methods, scheue/rules for performing mental acts, for conducting business/trading activity and for playing games.
- Literal and artistic works, scientific works, creations with aesthetic value, computer
programs,
- The procedures with no technical aspects together with the compilation, arrangement, presentation and conveyance of the data,
- Operational and treatment methods applicable on the human and animal bodies together with the diagnoses on the human and animal bodies.

In addition to those listed above, no patent is granted for the inventions contrary to the general ethics and public order, flora and fauna species or the methods of vegetation or animal breeding,

Who shall benefit from protection?

The natural and legal persons dealing with industrial or commercial activities and located within the boundaries of Turkey or the persons granted the right to make an application as per the provisions of the Paris Convention shall benefit from protection rights.
The natural and legal persons who are the citizens of the countries which provide the citizens of the Turkish Republic with the patent and / or utility model protection legally or actually as per the reciprocity principle, also benefit from the patent and / or utility model protection in Turkey.

What is Priority Right and what kind of benefits does it provide to the inventor?

If the invention is preferred to be protected in more than one country, the right for filing an application for the same invention in another country within a period of 12 months from the date of the initial patent application in any country is called as “Priority Right”.

If any third party files an application for a similar invention between the date of the subsequent application based on the former application by the applicant in another country, such an application by the third parties can not be evidenced as a counter document.

The Applicant claims for priority right which it wishes to enjoy together with the application or within a period of two months from the date of application. If the pertinent certificate of priority right is not submitted within a period of three months from the date of patent application, then it is deemed that no claim is made for enjoying from priority right.

What are the stages subsequent to issuance of the patent documents?

Without necessitating any notification, the applicant should pay the annual fees regularly to our Institute during protection period. The annual fee should be paid in the manner that the anniversaries of the application date are the due dates. If not paid on time, it may be paid within a period of six months together with the additional fee. If it remains unpaid within the extended six months, the patent rights shall be terminated if it is patented, if it is an application, then the application will be deemed to be invalid.

Is any patent granted in Turkey valid in other countries?
The patents grant rights within the country in which it is granted. The patents granted in Turkey provide rights only within Turkey. If you wish to obtain patent rights in other countries, you may file applications in each country separately or you may apply through PCT which stands for Patent Co-operation Treaty, an international application system or through EPC which stands for European Patent Convention , a regional application system. However, we recommend you to take Professional assistance since such application systems are complex and costly, and to visit web sites of WIPO (World Intellectual Property Organisation-) and EPO (European Patent Office-)

How to file a patent / utility model application in foreign countries?
The applicants who wish to file patent / utility model applications abroad, should file
applications in each of such countries prepared in accordance with the legislation of the that country and in the language of the same, However, in pursuance with the Patent Co-operation Treaty entered into force on January 01, 1996 in Turkey, the applicants who wish to protect their inventions in more than one country, may file patent applications in the form of a single application in all or a part of the member countries of PCT.

The leaflet which contain basic information about PCT and the application forms necessary for PCT applications can be provided by our Institute free of charge.
In addition, it is possible to obtain patent protection in all or selected countries who are the parties to EPC through patent application to be made pursuant to the European Patent Convention entered into force in Turkey on November 01, 2000.

What kind of demands can be made by the patent holder whose patents rights

Both criminal and civil litigation procedures are applicable against violations of the patented rights. Any patent holder whose rights arising from such patents are infringed can demand the following at the courts:
1- Prevention of violation,
2- Cease of violation,
3- Removal of violation,
4- Determination of violation,
5- Compensation (Action for damages)
a) Material compensation
b) Compensation for mental anguish
c) Compensation for creditworthiness
6)Withholding
7) Recognition of proprietary rights on the
counterfeited products and tools
8) Figurative changes and eradication
9) Notification of the judicial resolutions to the
parties concerned, announcement to the
public and advertisement of the final verdict.
10) Precautionary measures