Patent


The right of an inventor to be able to produce, use, sell or import the subject matter product of the invention for a certain time is called a patent right. The document which shows this right is called a patent. For an invention, the patent which was given to inventor provides a right to prevent the production, usage or sale of the invention for a certain time.

A patented invention becomes the property of the inventor like other goods that can be bought, sold or rented.

The right of the patent request belongs to the inventor and his successors and it is possible to assign it to others. If the invention is held together by more than one person, the right to a patent, unless the parties agree otherwise, shall belong to them jointly. If the same invention is simultaneously carried out by more than one independent person, the right to request a patent belongs to the applicant or a competent person who has prior rights . The first applicant to get a patent has the right to request a patent until otherwise determined.

There are two systems for the protection of the patent in our country; examined and unexamined system. In the examined patent system, a review report is prepared after the research report. In the unexamined patent system, a review report is not prepared while only a research report is made.

Patentability Conditions are:

Innovation: It means that the invention does not exist in the world prior to its invention, in other words, the technique is not included in the known state.

The known state of the technique means that any kind of information available (by way of written or oral presentation, use, etc.) anywhere in the world about the invention before patent application date.

Invention Step: It means that the invention has the quality which can not be discovered concretely by a specialist expert in a related technical field.

Industrial Applicability: It means that the invention can be produced, applied and used in any field of industry.

Concerning the protection of software by patent, according to current legal regulations, the patent is not given for the software which is activated directly on a computer. However,if the results of the usage of this software together with the machine provides a further technical effect, it is possible to obtain a patent fort he machine running with the software.

The other form of protection provided to inventors in Turkey is ‘Utility Model Registration’dir.

Utility Model can be used for all products except for chemical materials and methods with technical development which may be the subject of a patent. It is a recommended system for inventors who want to lower protection costs especially for our SMEs and the new products they have developed.