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Did you know that many innovations and developments which we come across in our daily lives, such as post-it or opening ring on a coke package earned millions of dollars to the inventors when they are registered with a patent?
About the innovations you found during your research and development activities, you may prevent them from 3rd parties who can use them by protecting them with 'Patent / Utility Model' certificate, or you may create an unrivaled market for yourself or rent the patent certificate that you received after your technical development, and then you can make it become a source of income.
About the innovations you found during your research and development activities, you may prevent them from 3rd parties who can use them by protecting them with 'Patent / Utility Model' certificate, or you may create an unrivaled market for yourself or rent the patent certificate that you received after your technical development, and then you can make it become a source of income.
Destek Patent provides a variety of useful services from application processes, patent research studies, and analyses to the activities for turning patents into commercial value, and to the management of the legal processes, so as to monitor and protect your inventions both in your own country and abroad.
Destek is always here to help you protect your intellectual capital and values that make you more competitive in the game.
Destek is always here to help you protect your intellectual capital and values that make you more competitive in the game.
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Frequently Asked Questions
Here are the satisfying answers to frequently asked questions about patents and patent applications for you.
Invention means technical solutions provided against technical problems in any unit of the industry including agriculture. In other words, it may be defined as technical solutions provided against existing problems. There must be a problem and solution to that problem in order something to be an invention.
A patent is about inventions. The invention is a solution to a technical problem. A patent is a legal document that offers 10 years (if it is a Utility Model) or 20 years (if it is an Examined Patent) of protection depending upon its type, and its advantage for its holder is the fact that he/she can profit from his/her invention whereas its drawback is the prohibition of the use of the invention by others. There is no Non-Examined patent type in the Intellectual Property Rights Code. The applications made before January 10, 2017, will be processed according to the Statuary Decree on abolished Patents.
In that case, Ankara based Turkish Patent and Trademark Office is authorized. The authorization to run transactions in the Turkish Patent and Trademark Office will only be granted for the applicants and the official patent attorneys who are registered in the TURKPATENT Record.
First of all, it is not possible to protect every single invention with a patent. To protect an invention with a patent, it must be 'new' and 'industrially applicable' and on a level that exceeds the existing State of the Art so far. For an invention to be new, it is obligatory that it wasn't declared to the public in a written, oral or another way before the Patent application. The invention will exceed the State of the Art if it reflects something that a person with a specific field of expertise can easily think of or talk about.
The following are not considered as inventions:
-Explorations, scientific theories, and mathematical methods,
-Mental activities, professional activities; plans, rules, and methods regarding games
-Computer applications.
- Aesthetic products, literary pieces, and art studies along with scientific surveys.
- Presentation of information.
The following inventions cannot be patented.
- Inventions against the public rule or general rules of morality.
- Microbiological processes or the products created as a result of these processes excluded, mainly biological processes for the production of plants or animals by plant varieties or animal breeds.
-Diagnosis methods to be implemented on the bodies of humans or animals, and all the other treatment methods including surgical methods.
- A simple exploration of an item belonging to the human body including the human body in various stages of its formation and development, and gene sequence.
-Human cloning processes, operations to change the genetic identity of the human sex line, use of human embryos for industrial or commercial purposes, genetic alteration procedures that can cause the pain of animals without important medical benefit to humans or animals, and the animals obtained (created) as a result of these procedures.
-Explorations, scientific theories, and mathematical methods,
-Mental activities, professional activities; plans, rules, and methods regarding games
-Computer applications.
- Aesthetic products, literary pieces, and art studies along with scientific surveys.
- Presentation of information.
The following inventions cannot be patented.
- Inventions against the public rule or general rules of morality.
- Microbiological processes or the products created as a result of these processes excluded, mainly biological processes for the production of plants or animals by plant varieties or animal breeds.
-Diagnosis methods to be implemented on the bodies of humans or animals, and all the other treatment methods including surgical methods.
- A simple exploration of an item belonging to the human body including the human body in various stages of its formation and development, and gene sequence.
-Human cloning processes, operations to change the genetic identity of the human sex line, use of human embryos for industrial or commercial purposes, genetic alteration procedures that can cause the pain of animals without important medical benefit to humans or animals, and the animals obtained (created) as a result of these procedures.
The right to request a patent refers to the time-frame starting from before the patent application until the patent license is awarded whereas the patent right covers the stages comes after the patent license is received.
If a person or organization with malicious intentions steals the Patent application of a holder during these periods, the holder is allowed to file a lawsuit against these kinds of parties and the holder can request the right to be given back to him/her. A patent right is a right given to the parties unless otherwise is indicated. If otherwise is detected, the patent right will be given back to its actual holder.
If a person or organization with malicious intentions steals the Patent application of a holder during these periods, the holder is allowed to file a lawsuit against these kinds of parties and the holder can request the right to be given back to him/her. A patent right is a right given to the parties unless otherwise is indicated. If otherwise is detected, the patent right will be given back to its actual holder.
A Utility Model is a type of invention on which the criteria to exceed the State of the Art are not obligatory, novelty, and industrial applicability conditions are deemed sufficient. When compared to patents, a Utility Model is awarded to the smaller-scale inventions.
In general, it is a type of document designed to encourage SMEs to produce inventions and apply them to the industry. Compared to patents, it is a simple system with less cost and shorter formal procedures.
Besides, since it requires advanced technologies, procedures and products obtained by applying the procedure are excluded from the protection provided by the utility model. Chemicals-related inventions are also excluded in the protection provided by the utility model.
In general, it is a type of document designed to encourage SMEs to produce inventions and apply them to the industry. Compared to patents, it is a simple system with less cost and shorter formal procedures.
Besides, since it requires advanced technologies, procedures and products obtained by applying the procedure are excluded from the protection provided by the utility model. Chemicals-related inventions are also excluded in the protection provided by the utility model.
Considering the invention requires R&D research in order to start its activity, the first step needed to be taken before long ago from the application and during the R&D surveys is to conduct a Patent study on the known and existing technique. This study will not only shape the future of the R&D activities, but also is a very important activity that will prevent serious cost and time loss on inventions that would not require application since they are already available. With the invention-related data collected as a result of this study, the first steps taken across the globe will be seen, and the R&D will be shaped accordingly, and during the application stage, it will be possible to make a much more careful application taking into consideration the similar ones and thus the right to be protected will be determined better. Comprehensive Patent research costs approximately $1.000 to 2.500. In addition, everyone working on inventions can visit http://ep.espacenet.com and learn a lot about the published patents.
Although it is illegal under some specific circumstances because of the effective regulation in Turkey, particularly Utility Model documents can be given to independent individuals or organizations on the same subject. If that is the case, the actual right holder can always request his right to be given to him through the lawsuit.
The protection is initiated by the time the papers required for the patent application are submitted to the TURKPATENT. However, since the invention has not yet been subjected to an investigation or research, "innovation" or "inventive step" criteria cannot be evaluated, the sanction rights brought by the patent should be reserved at least until the invention is announced (this period is 18 months from the date of application), and if by the way, there are any imitation cases, it would be wise to send notifications to the parties who might have tried to imitate the trademark.
• Examined Patent (Protection time is 20 years)
• Utility Model License (10 years).
• Utility Model License (10 years).
Since -approximately- 2015, TURKPATENT can search and examine all applications except for specific applications. Periods and time-frames are way shorter as the Intellectual Property Rights Code steps in. If all the periods promised by the TURKPATENT are complied with and making an early declaration demand, the process of obtaining the license in the utility model is estimated to be approximately 10-12 months. If the entire process is successful for the patent applications it is estimated that the licensing period will take around 36 months.
A Utility model application costs approximately $1000 to 1500 because there is a research in the utility models in the Intellectual Property Rights Code. It costs approximately between $1.850 and $3.500 depending on the process of the patent applications. One of the considerations that should be taken into account regarding the costs indicated here is the fact that the fees required to be paid will be paid at the required times during the licensing period. Yet another consideration is the fact that right holders must pay the fees to the TURKPATENT which are required to be paid annually.
A Utility model application costs approximately $1000 to 1500 because there is a research in the utility models in the Intellectual Property Rights Code. It costs approximately between $1.850 and $3.500 depending on the process of the patent applications. One of the considerations that should be taken into account regarding the costs indicated here is the fact that the fees required to be paid will be paid at the required times during the licensing period. Yet another consideration is the fact that right holders must pay the fees to the TURKPATENT which are required to be paid annually.
The patent holder and his/her attorney must actively use the invention under protection by the patent. During the evaluation of use, market conditions, and the conditions without the control of the patent holder are taken into consideration. In addition, the renewal fee must be paid out during the protection period of the Patent or Utility Model. The first renewal must be paid in the 3rd Year, whereas the rest of renewals must be paid annually.
Patent and Utility Model are the licenses that provide protection in the country where it is awarded. That is why, the patent or Utility Model registered as a license in Turkey can only be protected in Turkey. When the invention is requested to be protected in other countries, it is necessary to apply to the patent offices of these countries for registration.
Yes, it can be taken. Another patent-related-invention can be made on a patented product, and this second invention has the right to be patented as well. The consideration here is that both patent holders cannot use the patents of each other without the consent of both parties.
Repair on a patented product does not refer to the violation of the scope of the right. People or organizations can have their patented products repaired by paying a certain fee. If the Patent holder sells the product, he/she will cause the end of the protection on the product.
Activities carried out by someone else other than the final consumer, without the consent of the patent holder, with a commercial interest, and activities carried out on the important parts of the patent that exceed the scope of repair and become re-production cannot be regarded as repair. These situations should be evaluated in line with a concrete example.
Activities carried out by someone else other than the final consumer, without the consent of the patent holder, with a commercial interest, and activities carried out on the important parts of the patent that exceed the scope of repair and become re-production cannot be regarded as repair. These situations should be evaluated in line with a concrete example.
Basically, there are three types of protection requested abroad.
• Classical Patent
It should be preferred in case the protection is kept with 2 or 3 countries. All applications are made for each country separately, and all patent processes (research, examination) are retried separately.
• PCT (Patent Cooperation Treaty)
If the protection will be requested in multiple countries, it should be preferred. With one and single application, the protection can be applied in all 146 member countries of the PCT. The PCT patent is not a license. The system on which research and examination steps are taken jointly. These joint research and examination reports will be effective when you transit to the countries which are the members of the PCT.
• EPC (European Patent Convention)
It should be preferred if the protection is requested only across Europe (38 countries). When research and examination studies are completed, if the patent fulfills the patent criteria, it will be licensed and the protection is initiated with the translation requested with the translation provided by the member countries of this system.
• Classical Patent
It should be preferred in case the protection is kept with 2 or 3 countries. All applications are made for each country separately, and all patent processes (research, examination) are retried separately.
• PCT (Patent Cooperation Treaty)
If the protection will be requested in multiple countries, it should be preferred. With one and single application, the protection can be applied in all 146 member countries of the PCT. The PCT patent is not a license. The system on which research and examination steps are taken jointly. These joint research and examination reports will be effective when you transit to the countries which are the members of the PCT.
• EPC (European Patent Convention)
It should be preferred if the protection is requested only across Europe (38 countries). When research and examination studies are completed, if the patent fulfills the patent criteria, it will be licensed and the protection is initiated with the translation requested with the translation provided by the member countries of this system.
• It allows only the inventor to benefit from the economic advantages of the invention, providing technical and economic superiority against the competitors.
• It can be taken over or handed over as an industrial right.
• It prohibits the use of the invention by others (competitors).
• It allows only the inventor to benefit from the economic advantages of the invention, providing technical and economic superiority against the competitors.
• It can be taken over or handed over as an industrial right.
• It prohibits the use of the invention by others (competitors).
• It offers rights for other people by granting a license. A license is a type of a rental right. In this way, whereas the inventor uses his invention himself will have the right to exercise the right to others in return for an economic benefit or in exchange for receiving another license.
• It brings a commercial prestige as it does all around the globe.
• If imitated, there will be an opportunity to enforce any kind of legal and criminal process.
• It can be taken over or handed over as an industrial right.
• It prohibits the use of the invention by others (competitors).
• It allows only the inventor to benefit from the economic advantages of the invention, providing technical and economic superiority against the competitors.
• It can be taken over or handed over as an industrial right.
• It prohibits the use of the invention by others (competitors).
• It offers rights for other people by granting a license. A license is a type of a rental right. In this way, whereas the inventor uses his invention himself will have the right to exercise the right to others in return for an economic benefit or in exchange for receiving another license.
• It brings a commercial prestige as it does all around the globe.
• If imitated, there will be an opportunity to enforce any kind of legal and criminal process.
The current status of the sector must be carefully examined (in markets, through the TURKPATENT records, on the European Patent Search page, etc.), on the novelty aspects. He must contact a competent patent attorney who he trusts before he tells anything about his invention to anybody.
If a patented product is imitated, this will lead to extremely harsh punishments for us. At least the following must be done:
• He should make sure whether there is a patent application on which his production is based.
• The applicant should closely follow the innovations developed by their competitors in the patent bulletins in their sectors and should be intervened when it is found necessary.
• Small and middle-scale enterprises should establish their R&D departments even though they are composed of one person.
• You should closely follow the news and developments periodically using the websites of "the European Patent Office and the Turkish Patent and Trademark Office".
• He should make sure whether there is a patent application on which his production is based.
• The applicant should closely follow the innovations developed by their competitors in the patent bulletins in their sectors and should be intervened when it is found necessary.
• Small and middle-scale enterprises should establish their R&D departments even though they are composed of one person.
• You should closely follow the news and developments periodically using the websites of "the European Patent Office and the Turkish Patent and Trademark Office".
Of course. If there is no similar machine in the world in terms of the working logic of the machine you created or it brings a perfect advantage when compared to the previous machines you created, you should apply for a Patent. On the other hand, if many different machines working with the same logic are already available on the market but your machine is different from them in terms of some obvious details, in our opinion, you should apply for a Utility Model. Besides, a clear decision can only be made after the machine and its innovations have been examined by an expert patent attorney.
The answer to that question depends on the type of the change. In general, if simple modifications (for instance, turning a steal part to a part of aluminum) to the material do not really brings an advantage, they cannot be protected by a Utility Model or Patent since they are not inventive at all. On the other hand, if there are innovations (such as producing a lighter but more durable material by changing the material alloy) in the content of the used material, these kinds of inventions can only be protected with a patent because they are linked with chemistry and materials science.
After a Patent/Utility Model right holder applies for a Patent/Utility Model, and preferably, after his/her application is declared:
• Prohibition of any kind of sales and production without the consent of that product related to the Patent/Utility Model
• Prevention of the export and import of the product to Turkey without the consent of that product related to the Patent/Utility Model
• Prohibition of the possession and use of the product without the consent of that product related to the Patent/Utility Model
• Prohibition of the use of Patent/Utility Model right from being offered to someone else
• He has the right to prohibit the sale, possession, and import of products produced using a patent-related method, and in the event of one or more of the actions listed above are involved, he has the authority to file a lawsuit claiming that his Patent/Utility Model right has been subject to infringement. In this way, the person who holds the Patent/Utility model right has the opportunity to be a monopoly in the market in his own field.
• Prohibition of any kind of sales and production without the consent of that product related to the Patent/Utility Model
• Prevention of the export and import of the product to Turkey without the consent of that product related to the Patent/Utility Model
• Prohibition of the possession and use of the product without the consent of that product related to the Patent/Utility Model
• Prohibition of the use of Patent/Utility Model right from being offered to someone else
• He has the right to prohibit the sale, possession, and import of products produced using a patent-related method, and in the event of one or more of the actions listed above are involved, he has the authority to file a lawsuit claiming that his Patent/Utility Model right has been subject to infringement. In this way, the person who holds the Patent/Utility model right has the opportunity to be a monopoly in the market in his own field.
If you have an invention that you genuinely believe it is originally new, we strongly recommend that you get it under protection. Otherwise:
• The competitor companies can quickly imitate your product, and perhaps reduce your market share significantly by launching it at lower prices,
• Some people may impose sanctions on you by making a Patent/Utility Model application on their behalf (if that's the case, since you do not have any official applications, it might take years for you to prove otherwise).
• The competitor companies can quickly imitate your product, and perhaps reduce your market share significantly by launching it at lower prices,
• Some people may impose sanctions on you by making a Patent/Utility Model application on their behalf (if that's the case, since you do not have any official applications, it might take years for you to prove otherwise).
Unfortunately, no. A Patent/Utility Model application is valid only in the country where the application has been made. In addition, if you also request protection abroad, you must apply for that within 12 months from the date of your application in Turkey by means of choosing one of the appropriate patent application systems abroad (PCT, EPC, or classical patent).
The sensitive point here is the content of the changes made by the competitor company. In this context, the first step to be taken is to determine whether the application made by the competitor is within the demands of your application. If your application is prepared by an expert patent attorney, he will keep the demands as wide as possible she can, thus it will lead to the prevention of rival companies from eliminating your application with simple changes. Secondly, the fact that whether the product added in the utility model of the competitor is indeed an invention, in other words, the fact that whether it has a technical advantage over its similar ones should be evaluated in the light of the opinions of an expert attorney. Thus, in the general way of action, in order for a product to have the right of Patent/Utility Model, it must have an invention feature essentially.
As a result of the work done in either way, if you find that the product does not contain an inventive feature and/or breaches your utility model, your next move must be to appeal to the competitor's utility model after it has been declared in the Official Patent Bulletin.
On the other hand, when you have a development, before you apply for a patent/utility model, you should think like, "If I were a competitor company, how would I imitate that?", in the light of that insight, and you should put forward a variety of alternative structures in your mind and inform your patent attorney about this before the application.
As a result of the work done in either way, if you find that the product does not contain an inventive feature and/or breaches your utility model, your next move must be to appeal to the competitor's utility model after it has been declared in the Official Patent Bulletin.
On the other hand, when you have a development, before you apply for a patent/utility model, you should think like, "If I were a competitor company, how would I imitate that?", in the light of that insight, and you should put forward a variety of alternative structures in your mind and inform your patent attorney about this before the application.
"Patentable inventions" and "the Exceptions of Patentability" are listed in the 82nd article of the Intellectual Property Rights Code.
According to this article, it is stated that computer programs cannot be considered inventions. Computer software is created through codes using certain programming languages and becomes operational in the computers in which it is set up. The non-protection here is the software itself created as a result of these codes. The software created here is protected with the Copyright law, which also protects scientific works.
Under some circumstances, the algorithms of the software created by means of the codes can contain "solutions that are new, industrially applicable and that cannot be clearly revealed by an expert in her own field". These topics are regarded as the subjects and inventions that can be protected with patents.
If the created software is an innovation that will profit; for instance, if it does not provide any "solution to a technical problem" such as reporting, marketing, ordering or payment method, etc., and if it only comes up with an innovation, and that innovation can be created by a medium-scale expert without thinking too much, it will not be able to be patented whatsoever.
However, if your software:
Brings solutions to a technical problem,
These solutions are brand new,
These solutions can be applicable for any branch of the industry,
If your solution is not the one that can be created by a medium-scale expert without thinking too much, it is possible to protect it as an algorithm and/or hardware as a whole system. Comments made without technical information about the solid project may lead us to make mistakes. That is why, it would be better to share the details of the project with a patent attorney, and get the interpretation of the attorney.
According to this article, it is stated that computer programs cannot be considered inventions. Computer software is created through codes using certain programming languages and becomes operational in the computers in which it is set up. The non-protection here is the software itself created as a result of these codes. The software created here is protected with the Copyright law, which also protects scientific works.
Under some circumstances, the algorithms of the software created by means of the codes can contain "solutions that are new, industrially applicable and that cannot be clearly revealed by an expert in her own field". These topics are regarded as the subjects and inventions that can be protected with patents.
If the created software is an innovation that will profit; for instance, if it does not provide any "solution to a technical problem" such as reporting, marketing, ordering or payment method, etc., and if it only comes up with an innovation, and that innovation can be created by a medium-scale expert without thinking too much, it will not be able to be patented whatsoever.
However, if your software:
Brings solutions to a technical problem,
These solutions are brand new,
These solutions can be applicable for any branch of the industry,
If your solution is not the one that can be created by a medium-scale expert without thinking too much, it is possible to protect it as an algorithm and/or hardware as a whole system. Comments made without technical information about the solid project may lead us to make mistakes. That is why, it would be better to share the details of the project with a patent attorney, and get the interpretation of the attorney.
In the meeting organized by the Science Committee on 02 November 2013, for the patents awarded in our country, the TUBITAK Patent Support Program - Reference Code 1602 aimed at increasing the number of national and international patent applications, encouraging real and legal persons to apply for patents, and increasing the number of patents in our country has come into effect on the date of 01/01/2014.
Within the framework of that program, the patent applications to be made to the Turkish Patent and Trademark Office, World Intellectual Property Rights Organization (WIPO), European Patent Office (EPO), Japan Patent Office, the United States Patent and Trademark Office (USPTO) will be financially supported. To learn more about that, please visit the website of TUBITAK.
Within the framework of that program, the patent applications to be made to the Turkish Patent and Trademark Office, World Intellectual Property Rights Organization (WIPO), European Patent Office (EPO), Japan Patent Office, the United States Patent and Trademark Office (USPTO) will be financially supported. To learn more about that, please visit the website of TUBITAK.
Yes, it can be taken. Another patent-related-invention can be made on a patented product, and this second invention has the right to be patented as well. The consideration here is that both patent holders cannot use the patents of each other without the consent of both parties.
Repair on a patented product does not refer to the violation of the scope of the right. People or organizations can have their patented products repaired by paying a certain fee. If the Patent holder sells the product, he/she will cause the end of the protection on the product.
Activities carried out by someone else other than the final consumer, without the consent of the patent holder, with a commercial interest, and activities carried out on the important parts of the patent that exceed the scope of repair and become re-production cannot be regarded as repair. These situations should be evaluated in line with a concrete example.
Activities carried out by someone else other than the final consumer, without the consent of the patent holder, with a commercial interest, and activities carried out on the important parts of the patent that exceed the scope of repair and become re-production cannot be regarded as repair. These situations should be evaluated in line with a concrete example.