Utility Model
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Patent Registration Services
What is a Utility Model Certificate?
A utility model is a type of intellectual property right for protecting an invention. It protects products or processes that offer a technical solution or have a new utility. This protection lasts for 10 years. Unlike a patent, the invention does not need to be brand new. It is sufficient for the invention to carry a novelty step. In the novelty assessment for a utility model certificate, technical features that do not contribute to the subject of the invention are not considered. So, how do you obtain a utility model, and what documents are required for a utility model application?
The differences between a patent and a utility model application are summarized in the table below:
| Patent | Utility Model | |
|---|---|---|
| Novelty | √ Checked | √ Checked |
| Inventive Step | √ Checked | × Not Checked |
| Industrial Applicability | √ Checked | √ Checked |
| Processes and Products Obtained by Processes | √ Protected | × Not Protected |
| Pharmaceutical Substances | √ Protected | × Not Protected |
| Biotechnological Inventions | √ Protected | × Not Protected |
| Chemical and Biological Substances | √ Protected | × Not Protected |
| Search Report | √ Yes | √ Yes |
| Examination Report | √ Yes | × No |
| Term of Protection | 20 Years | 10 Years |
Inventions That Cannot Be Protected by a Utility Model
In addition to inventions that cannot be patented, some patentable inventions are also excluded from utility model protection. These include:
- Chemical and biological substances, processes, and inventions resulting from these processes (e.g., a new plastic component and its production method)
- Pharmaceutical substances, processes, and inventions resulting from these processes (e.g., a new antihistamine and its production method)
- Biotechnological inventions (e.g., products and production processes using recombinant DNA technology)
- Inventions related to processes and the products obtained from them (e.g., a sheet metal forming method, a water heating method by electrolysis)
How to Obtain a Utility Model
Legally protecting an invention with a utility model begins with an application and follows these phases:
- Formal Examination
- Search Request and Report Preparation
- Publication
- Objection to the Search Report and Opinion Submission
- Issuance of the Utility Model Certificate
The documents required for a utility model application match those for a patent application:
- Application Form: The official document to file the application.
- Description: Details the invention's technical aspects and operation.
- Claims: Specifies the technical features for which protection is sought.
- Technical Drawings: Visual explanations of the invention's structure and operation.
- Abstract: A brief summary of the invention.
- Application Fee
1. Formal Examination
Once all documents are complete, the application is filed online with TÜRKPATENT (the Turkish Patent and Trademark Office). TÜRKPATENT first conducts a formal examination of the request.
If TÜRKPATENT identifies deficiencies in the documents, it notifies the agent firm or applicant to correct them. The process continues if corrections are made within 2 months of notification. Otherwise, the application is rejected.
After the formal examination, any deficiencies must be corrected within 2 months. If the file is complete, the next stage is to request a search, which requires paying a specific fee to the Office.
2. Request for Search and Preparation of the Search Report
The search report is prepared based on the description and claims. The report identifies technical features that do not contribute to the invention's novelty. When preparing the report, the criteria of novelty and industrial applicability are considered; the inventive step criterion is not.
TÜRKPATENT will inform the applicant if a search report cannot be prepared. This occurs when:
- The invention's abstract and title fail to provide adequate technical information about the application's subject.
- The description or all claims are not sufficiently clear.
- The invention's subject matter falls outside the scope of protectable utility models.
In these cases, TÜRKPATENT communicates the errors to the applicant or agent firm for correction.
If a search report cannot be prepared, the applicant or agent firm can object to this decision. The right to object or submit corrections is valid for 3 months from the notification date. If the applicant does not object or provide acceptable corrections within this period, the application is rejected. If the objection or corrections are accepted, the search report is prepared.
3. Publication Process
If the process proceeds correctly, the patent registration is published in TÜRKPATENT's Official Patent Bulletin.
4. Issuance of the Utility Model Certificate
After publication, TÜRKPATENT issues the utility model certificate to the applicant.
A utility model application typically takes about 18 months, depending on its nature. This process, from the novelty search to filing and follow-up, requires specific knowledge, experience, and infrastructure. Sistem Patent provides services through agents registered in the professional agents' registry to help prevent significant loss of rights throughout this process.
