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Inventions that generate solutions

Inventions that generate solutions

A factor leading many developed countries to become better in a technological way today is the reason why they protect their new technologies created via R&D efforts with patents. Innovative and useful inventions must be protected with patents. Patents provide you with advantages that you can take to leave your competitors behind.

In Turkey, inventions can be protected with two models, which are patent, and utility model.

Both patent and utility models are subject to an innovation research on an international scale. According to the given technique, inventions that contain new technical features or functions are categorized in the utility model whereas inventions that also contain impressive effect are categorized and awarded in the patent model.

How to apply for a patent registration abroad?

Patent applications are protected only in the countries in which they are registered.

Therefore, to protect your invention abroad, in which countries you want to protect it, you must make an application directly to this country, or through the territorial/international community systems of which the country is a member. To apply in multiple countries at the same time, you can apply the community systems of these countries, and prevent extra time and costs.

To apply for a patent abroad, there are 3 ways available to do it; territorial application, regional application, and international application. The first one is territorial application, the second is the application through the international patent cooperation treaty, and the third is the application through the regional community system.

Territorial application
Means that you apply the for the patent/utility model to official authority of that country via an attorney located in the country.
In general, the application process consists of research/examination and license stages, and protection periods vary depending on countries.
Annual fees are paid out after an application or licensing, and payment timeframes vary depending on the country as well.

PCT application
Applications are carried out by the World Intellectual Property Organization (WIPO) based in Switzerland.
• PCT has 153 member countries.
• There are 4 community systems (EPO, EAPO, ARIPO, OAPI) of PCT
• After a PCT application, a research report containing the results of innovation research conducted worldwide is presented to the applicant. In this way, the applicants can have a preliminary idea about their inventions' patentability and decide to transit to countries (to applications on a national scale). Thanks to that, according to the content of the research report, the number of countries to which applications on a national scale are made might be reduced or increased.
• Since a research report is prepared for a PCT application, it offers a cost advantage for the applicant.
• PCT applications offer the applicants a 30/31* months-longs duration (*from the very first application) for the transition to a national scale.
• Since PCT applications do not require a licensing process, applicants must transit to the countries from which the protection is requested directly or through the community systems of which they are members.

EPC - European Patent Convention
• Applications are carried out by the European Patent Office (EPO) based in Germany
• EPC has 38 member countries including Turkey. (These 38 countries aside, if requested, the applicant can benefit from the application protection of the European Patent Office in Bosnia & Herzegovina, Montenegro, Morocco, Moldova, Tunisia, and Cambodia as well.)
• 12 countries of these 38 prohibit direct PCT applications on a national scale and also prohibit the PCT applications made through the European Patent Application alone.
• The European Patent Application consists of 4 stages in total till the licensing stage: research, examination, license, and validation (validation of the license).
• After the European Patent Application is licensed, a validation (validation of the license) is required in the country where protection is requested.
• If the European Patent Application is licensed, it will provide a 20 years-long protection time effective from the date of the application.
• In the European Patent Application, there will be respective annual fees effective from the 3rd year.

EAPO - Eurasian Patent Organization
• Applications are carried out by the Eurasian Patent Office (EAPO) based in Russia.
• EAPO has 8 member countries, and there are no countries with the Eurasian Patent Application obligation during the transition through the PCT.
• The Eurasian Patent Application offers a chance to obtain patents under a single roof in all member countries of the community.
• There is only one examination process.
• If licensed, the application is regarded as it is licensed in all of the member countries; however, the annual fees must be paid in the countries from which the protection is requested.

ARIPO - The African Regional Intellectual Property Organization
• Applications are carried out by the African Regional Intellectual Property Organization based in Zimbabwe.
• ARIPO has 20 member countries. Amongst these countries, only Eswatini puts obligation for the transition through the PCT; however, Somali and Mauritius are not the members of the PCT.
• The ARIPO application offers a chance to obtain patents under a single roof in all member countries of the community.
• There is only one examination process.
• If licensed, the application will be regarded as licensed in all other member countries as well.
• Annual fees must be paid out to the countries in which the protection is requested.

OAPI - African Intellectual Property Organization
• Applications are carried out by the African Intellectual Property Organization (OAPI) located in Cameroon.
• ARIPO has 17 member countries. 17 countries must apply to OAPI during the transition through the PCT.
• The OAPI application offers a chance to obtain patents under a single roof in all member countries of the community.
• There is only one examination process.
• If licensed, the application will be regarded as licensed in all other member countries as well.
• Annual fees must be paid out to the countries in which the protection is requested.

GCC - Gulf Cooperation Council
• Applications processes are carried out by the Gulf Cooperation Council (GCC) located in Saudi Arabia.
• GCC has 6 member countries.
• GCC patent system is not involved in PCT; however, the member countries of the GCC patent system are also members of the PCT.
• GCC applications offer a chance to obtain patents under a single roof in all member countries of the community.
• There is only one examination process.
• If licensed, the application will be regarded as licensed in all other member countries as well.
• To maintain the protection activity of the application, the annual fees must be paid out.