A patent protects the rights to legally use an invention commercially, such as through production, marketing, and sales, before it's made available to the masses. Therefore, it's an essential step that shouldn't be overlooked.

How to Get a Patent?

Before you present your invention to the public, you must ensure you have secured all rights to it. Otherwise, you may encounter those who see your success and seek to gain unfair advantage.

A patent prevents your invention from being manufactured, marketed, sold, or imported without your permission. This means no one can profit from your invention or claim any rights without your permission.

After you launch your product, patent registrationIf, despite having obtained your patent, any person or organization attempts to gain unfair advantage from your product, you can take legal action to protect your rights, easily prove your invention is yours, and ensure that such individuals are prosecuted. To protect all rights to your invention, you can contact Destek Patent and take precautions against potential future problems.

The Importance of Patents

Patents not only protect the rights of products launched by individuals or organizations but also play a significant role in the development of economic activities and international trade. A patent paves the way for the inventor to bring their product to market. The realization of new inventions contributes to both technological and economic development. As economies develop, so does the development of international trade. There is a parametric interaction between countries' economic growth and patents.

Patents protect the inventor's rights and prevent the unfair duplication and imitation of innovations. This, in turn, increases the motivation of manufacturers and creates opportunities for new inventions.

Advantages of Getting a Patent

It protects the inventor's rights for 20 years from the application date.
A patent gives control of all rights to the applicant.
It prevents the exploitation of an invention that has achieved a certain level of success in the market by competitors and commercial activities other than those of the rights holders.
If you do not want to produce your invention yourself, it allows you to generate income by making a license or transfer agreement.
It protects the corporate image of the inventor, investors and business partners and expresses technological competence.

Before applying for a patent, you should thoroughly investigate whether a similar invention has already been produced or disclosed globally. If you apply for a patent without conducting the necessary research, you'll lose both time and money if your application is rejected. This is because, even if it's new to you, your organization, or your country, patents are not granted for information that has already been disclosed globally. In other words, inventions that aren't new are not granted.

How to Inquire about a Patent?

PatentBecause patent applications carry significant legal consequences, a patent search should be conducted before applying. The answer to the question "How do I search for a patent?" is quite simple. Searches can be conducted using appropriate keywords and the patent class (IPC or CPC codes) to which the invention belongs on the websites of www.turkpatent.gov.tr, www.epo.org, https://patents.google.com/, and many other countries' patent offices.

To patent an invention, there must be no other patents similar to it. It's crucial to ensure no one else has a similar invention. Official records of the Turkish Patent and Trademark Office and international sources can be reviewed for this purpose. Furthermore, patent documents have a specific expiration date. It's possible to apply for new patents to replace expired ones. Even the slightest mistake during a patent search can lead to legal problems.

It involves searching patent office databases to determine whether an invention has existed in the past. Sometimes, productivity analyses can also be conducted to monitor competitors and R&D activities.

How to Apply for a Patent?

If you've researched your invention and are confident it's a world first, you can submit your petition and pay the application fee to the Turkish Patent and Trademark Office. Your application must include a "Patent Specification" describing your product. The Office will review the documents you submit and prepare a report.

At this stage, it's crucial to explain your invention clearly and in detail. If your invention isn't properly understood, it may not be patentable. Therefore, seeking expert assistance during this process will significantly increase your success rate. With Destek Patent's expert team in every field (mechanics, chemistry, electronics, etc.), you can easily navigate this process.

You can call Destek Patent now to get answers from experts on many questions such as why you need a patent, how to get a patent, what are the patent fees, etc. and to easily overcome all the difficulties of the application process.

What are the documents required for patent registration?

• Application Petition
• Description of the Invention
• Technical Features of the Invention to be Protected
• Technical Drawing of the Invention
• Summary of the Invention

Where to Apply for a Patent?

There is only one authorized institution in Türkiye where patent applications can be filed. This institution is the Turkish Patent and Trademark Office, which is affiliated with the Ministry of Industry and Technology. Applications can be filed by representatives authorized by the Turkish Patent and Trademark Office, by the inventor personally, or by legal entities that have obtained the right to apply from the inventor, or by public institutions and organizations, high schools, and higher education institutions (universities).

How Long Does It Take to Get a Patent?

Must be reviewed patent application The application for a utility model, designed primarily to support SMEs and individuals and protecting inventions for 10 years, typically takes 10 to 12 months to be finalized. Professional support in the specification and process management process is highly effective in shortening or extending this timeframe. Additionally, any fees required throughout the patenting process must be paid.

For patent applications, a formal examination is conducted within two months of submitting your application with the required documents to the relevant institution. A search request for novelty screening is submitted no later than twelve months after the application date, and an official search report is received at the end of this process. If the search report is deemed acceptable, a first examination request is made for patentability assessment. If the search report is deemed unacceptable, an opinion may be submitted, and the first examination report is requested along with the opinion. If the examination report is deemed acceptable, a decision is made on the document, and the examination phase is repeated three times, with amendments to the patent specification. If your invention is not rejected during the examination phase, the patent is registered and a patent certificate is issued. The six-month opposition period begins after the patent certificate is issued. If no objection is received, the patent certificate is held until proven otherwise.

What is the Use of a Patent?

First of all, a patent always worries the other party.
The patent owner may use the invention related to the patent and carry out commercial sales, distribution and marketing operations.
The patent owner has the right, by law, to prevent anyone else from using, producing, distributing or selling his invention, or from possessing it for any reason other than personal use.
The patent owner may grant the rights (use, produce, sell) related to the invention to someone else with his/her own permission by granting a license for the invention related to the patent.
A patent can be transferred, inherited, licensed, pledged, or used as collateral.

Qualifications That a Patent Must Have

The Turkish Patent and Trademark Office has identified three essential qualifications for a patent. This requirement is the same in all countries worldwide. A fourth requirement is not required.

• Innovation
• Inventive Step (Invention is not something that is obvious and that everyone can think of)
• Industrial Applicability

Any invention possessing these characteristics can be applied for a patent. The inventive step requirement is not required for Utility Models. For applications submitted after January 10, 2017, the publication date of Industrial Property Law No. 6769 in the Official Gazette, all three conditions above must be met.

On the other hand, applications submitted before the Industrial Property Law No. 6769, which came into effect on January 10, 2017, have the right to choose between a non-examination and an examination system. According to this system, applicants can choose either a non-examination or an examination system, depending on the content of the search report prepared after the patent application. As the name suggests, a non-examination patent allows the patenting of an invention without the examination phase.

For applications that opt for the non-examination system, the application must meet the criteria of novelty and industrial applicability for the invention to receive a non-examination patent. The protection period for a non-examination patent is seven years from the application date. If the necessary amendments and/or applications are made within these seven years, the applicant or third parties have the right to convert the non-examination patent to a patent with examination. Applications converted to a patent with examination can receive a patent if, in addition to the criteria of novelty and industrial applicability, they also meet the criteria of exceeding the state of the art (inventive step). The protection period for a patent with examination is 20 years from the application date.

You can submit your applications by receiving consultancy services from the Destek Patent team and leave the processes to the management of experienced experts.