WHAT IS PATENT?
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions.
In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are generally not patentable. An invention must, in general, fulfill the following conditions to be protected by a patent. It must be of practical use; it must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called "prior art". The invention must show an inventive step which could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as "patentable" under law.
PATENT APPLICATIONS IN TURKEY
PATENT
Decree-Law 551 on the protection of patents, which entered into force on June 27 1995, is the main legislation covering both patents and utility models in Turkey. Also, Turkey has signed several international treaties below forming patent infrastructure:
- Paris Convention on the protection of industrial property (1925)
- Patent Co-operation Treaty (01.01.1996)
- Strasbourg Agreement concerning the international patent classification (01.10.1996)
- Budapest Treaty on the international recognition of the deposit of micro-organisms for the purpose of patent procedure (30.10.1998)
- European Patent Convention (01.11.2000)
KC PATENT chases our clients all operations during patent registration process below. Similar patent laws in Europe and other developed countries are viable in Turkey too, granting by examination and non- examination system, utility model certified, patentability criteria, worldwide novelty, patent protection for pharmaceuticals and their production methods, publication of applications, opposition by third parties, protection terms starting from date of application (7 years for non-exemined patents, 10 years for utility models and 20 years for examined patents), compulsory license compatible with TRIPS agreement and eployee inventions are comprehensively laid down.
There are presently three routes for filing a patent application in Turkey. First of all is conventional application, secondly, entry into the national phase under the Patent Cooperation Treaty and as last nationalization of a granted European patent under the European Patent Convention.
The protection period of a patent is 20 years whereas of a utility model is 10 years. As an option, it is also possible for an applicant to delay substantial examination stage for 7 years by obtaining a non-examined patent protection. Patentability criteria are world-wide novelty, inventive step and industrial applicability. For utility models, inventive step is not required and inventions on processes and chemicals are excluded.
Patent applications should be filed in Turkish. The description and claims may be filed in English, German or French initially, but a Turkish translation should be submitted within one month of filing. An applicant with no domicile or business seat in Turkey should appoint a Turkish patent attorney registered before the Institute. Power of attorney is not mandatory for patent applications.
Patent Application Stages in Turkey
All applications are to be officially recorded asto filing date, hour and minute by stamping it on the application cover page. Official notice of filing number is issued within 2-3 weeks. After filing, the stages to be carried out vary in accordance with the type and route of the patent application in Turkey. For a conventional patent application, it takes about three to four years from filing to registration and the following stages are carried out:
- formal examination (one to three months)
- novelty search (should be requested within 15 months from the filing/priority date)
- publication of the application (18 months from the filing/priority date)
- publication of the search report (after completion, about one year from the request)
- decision for the selection of patent type (either an examined patent for 20 years or non-examined patent for seven years)
- substantial examination and further prosecution (three examination at most); and
- grant or rejection.
it is possible for an applicant to delay substantial examination stage for 7 years by obtaining a non-examined patent protection in Turkey.
Third-party observations object to a patent application within six months from the date of publication of the search report. Objection may only be filed with the Institute during the examination of the application,. The relevant documents must be enclosed. The examiners will take the observations into consideration during the examination process.
Objections can be only filed during the three months period from the publication date of the application for Utility Models and, in such a case, the Institute issues an official letter and invites the applicant to file a response against the said opposition in a further 3 months. It is not mandatory for applicants to respond it and may directly claim for granting.
PCT-NATIONAL ENTRY
Late entry into Turkish national phase before the completion of 33 months from the earliest priority date is possible with fine. It is also possible to file the translation thereof later by paying a fine. Neither priority document nor its translation is to be required. International Preliminary Examination Report (IPER-Chapter 2) is to be evaluated as substantial examination report by the Turkish Patent Institute. Positive IPER means direct granting in Turkey.
PCT Applications in Turkey
- Formal Examination and issuance of grant decision/official action
All applications are to be examined within 1 month simply on the availability of filing requirements and checked if the application is in conformity with the international application and for the considerations cited in the IPER asto patentability. This stage takes 2-6 months.
All applications are to be published within examined within 3 months from Turkish filing date for information only and cannot be opposed by third parties.
- Direct Granting & Issuance of Patent Letters if IPER positive (3 months)
Positive IPER on the claims regarding novelty, inventiveness and industrial applicability means directly granting in Turkey. It is req
uested to overcome formal deficiencies, in case of any cited in the IPER.
- Further Prosecutions if IPER include negative considerations
In case of any negative considerations cited in the IPER asto patentability, further prosecution stage are continued by sending the responses to a Competent Authority to be selected from Russian, Swedish, Austrian or Danish Patent Office. For inventions comprising method of treatments, only Swiss type-claims are allowed.
Patent application will be granted for the claims allowed only. After the official notice of register and invitation for the payment of certification fee within 3 months, the patent certificate will be prepared within 3-4 months following the payment of the registration fee and publication of grant decision.
UTILITY MODEL
The protection period of a utility model is 10 years. Protection is directed relatively simple inventions and therefore chemicals and processes cannot be protected by utility models. Patentability criteria: Novelty and industrial applicability (inventive step is not required). No novelty search and examination stages are carried out and the term for obtaining the utility model letters is about 12 months.
Utility Model Application Stages
- Formal Examination (1-3 months),
- Publication for the opposition of third parties (3 months) and
- Registration (5-6 months)
In the case of an opposition, the Institute issues an official letter and invites the applicant to file a response against the said opposition in 3 months. It is not mandatory to respond to oppositions and applicant may directly claim for granting.
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