Acquiring a Patent in Turkey
"Acquiring a patent consists of procedures that require a significant process from the examination to the application stage and to the end of the application. For this purpose, patent systems suitable for the nature of the invention are preferred."
Examined patent system is a system that gives a patent based on an examination report. It provides 20 years protection and the protection period cannot be extended.
In the utility model system, a research report and an examination report are not required. It is easier, less expensive and can be taken in a shorter time than the other system with or without examination. The applicant may request a research report if requested. The utility model application may be appealed by third parties within 3 months of its publication. The applicant or attorneys may respond to the appeals. The protection term is 10 years from the application date and this term cannot be extended.
Differences Between Patent and Utility Model:
Patent Research in Turkey
One of the most important steps in the process of acquiring patents, which is the most important factor that companies or individuals can register their inventions that result from extensive R&D knowledge and accumulation and make them a value, is to conduct a patent research.
At the same time, before the new discoveries, in order for following the latest situation and developments in the sector and researching the investments to be made, a patent research will provide very important information.
Another function of the patent research is to allow the applicant to revise his invention in the case of the existence of a technology which has already been patented elsewhere in the world prior to the application.
A patent research requires a global novelty questioning. The research may be conducted with software of various patent offices worldwide or specially developed software based on the words or patent classification in the technical literature. Since a patent research requires a great deal of knowledge and experience, getting service from official patent attorneys will prevent serious time losses and costs both in short and long term.
As Sistem Patent, we are at your service with our patent attorneys who make research and report to you before the patent application or before the technological research and development.
Patent Registration Abroad
A patent is protected in the country of application. A patent application made in Turkey will only be valid within the territories of Turkey. If a patent application is to be made abroad, the right of priority should be requested in the case of a national patent application. Upon request of a priority, a patent application made after that date between an application filed in Turkey and an application filed abroad shall be null and void.
Types of Abroad Patent Applications
- National patent application
- International patent application (PCT)
- Regional cooperation patents (EPC)
- Eurasian Patent Cooperation (EAPC)
- Africa Regional Intellectual Property (ARIPO)
- African Intellectual Property Organization (OAPI)
- Gulf Cooperation Patent (GCC)
National Patent Application
- The national patent application is the first application to be made in the country where registration protection is requested. There are two types of applications.
- Apply directly through the country office
- Application made with the right of priority obtained from another country
- National patent applications are evaluated independently from each other according to the countries in which the applications are made.
- International Patent Application (Patent Cooperation Treaty - PCT)
International patent applications are filed with the World Intellectual Property Office (WIPO). Turkey also became a party to this agreement in 1996. The application made in any of the other countries allows the patent rights of other countries to be demanded. It is also advantageous in terms of cost compared to national applications. As of September 2013, 149 countries are parties to this agreement.
No patent is granted with the PCT system. The PCT is a system for facilitating applications only.
Application must be completed within 30 months of the first application date.
Regional Cooperation European Patent Application (EPC)
Turkey became a party to the European Patent Convention in 2000. This contract provides for territorial protection in the countries designated by the applicant. 38 countries are now party to this contract.