Although copyright and patent rights are often confused, there are distinct differences. Copyright relates to created works and ideas. So, what is a patent right?

A patent right covers a technical or scientific invention. In other words, it determines who owns the invention and who has the rights to use it. A patent granted by the government to an invention grants the owner the right, for a specified period, to prevent others from producing, using, or selling the invention without the inventor's permission. A patent is the document that certifies this right. The patent holder's rights are protected by law.

For Which Inventions Can a Patent Certificate Be Obtained?

The list of inventions (products, systems, mechanisms, algorithms, methods, etc.) for which you can obtain a patent is quite long. You can obtain a patent for a machine you design, a chemical compound, or a device designed for everyday use. The most important thing to consider here is that the feature you're seeking protection for, whether it's something you've created or discovered, has not previously been disclosed in a publicly accessible format anywhere in the world.

In addition to the novelty of the features of the invention you wish to protect through a patent, these features must also meet the inventive step criterion. In other words, if you take a pre-existing invention and make a few minor changes to it, but these changes are clearly deducible from the state of the art by someone skilled in the art, you will not be eligible for a patent. Another defining characteristic of a patent is that the invention must be manufacturable. In other words, the invention must be capable of industrial application. In short, an invention that cannot be manufactured is not eligible for patentability.

Where to Get Patent Rights?

The Turkish Patent and Trademark Office is the sole authority to grant patent rights in Türkiye. Patent rights cannot be obtained from any other institution within Turkey. A patent granted by the Turkish Patent and Trademark Office for an invention is protected for 20 years. This means that if the inventor wishes to retain protection after 20 years, they must make improvements to their invention and re-apply for a patent for the features they have developed.

We've examined, in general terms, what a patent means, where it can be obtained, and for which inventions. So, how do you obtain a patent?

How to Obtain Patent Rights?

If an invention is to be patented, that is, protected by a patent document, a preliminary search is first conducted, preferably by a patent attorney authorized by the applicant. If, as a result of this preliminary search, the invention is determined to be new, the patent attorney prepares a patent specification (set of specifications) detailing the invention, taking into account the invention information and technical drawings. Once completed, this specification is sent to the inventor.

From this point on, the inventor thoroughly examines the information in the specification. They make any additions, deletions, or corrections they deem necessary and then send it back to the patent attorney. If the patent attorney and the inventor agree on the final version of the specification, an application is submitted to the Turkish Patent and Trademark Office, along with the relevant set of specifications.

If the application is approved, the invention cannot be used by anyone other than the applicant without the applicant's permission. All rights to manufacture, sell, market, or distribute the invention belong to the applicant. If the invention is used by others, the applicant has the right to sue anyone who uses it without permission.

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