Obtaining Patent and Utility Model Certificates in Turkey

They say; Cemeteries are heavens of ideas…

The most important thing to do when an idea comes to your mind is to write it down. Of course, if you have a very good memory, that’s different…

And then?

How long do you think this idea should wait with you?

I’m counting the options:

a) Until you forget

b) Until you outgrow the idea or life

c) Until someone else comes up with this idea

d) Until you take action…

I can assure you that there is no surprise in the options. These are seriously possible things. I didn’t write it to be funny.

I think the best thing to do in this situation is to come to life.

Idea is 1 dollar…

Hasan Aslanoba(Angel Investor in Turkey)

Ideas Will Change The World ! (Inovalixus)

But it is not easy to realize an idea when you say “let’s do it”. Sometimes it’s very simple, sometimes it’s a very long time. Of course, this period has very different dynamics. For example, you are in the software business, a very simple software idea came to your mind and it is a very bright idea. You have done internet research and there is nothing like it. Of course, “have you done enough research?” or “what do you understand by the definition of similar?” Questions like these are also important.

Most of the time, people looking for a similar solution are looking for the same type and shape of solutions that do exactly the same thing.

For example, an alternative or equivalent to a paper adhesive is not always a paper adhesive. Staples are also an alternative for fastening papers together. When you look at it from this perspective, you can evaluate the feasibility of your idea more easily.

Let’s say you asked the questions correctly and found the correct answers (this will be the subject of another article). This time, there may be a lot of things that need to be done to bring the product to life. A software example may help you achieve results in your field very easily. Especially if you are a good software developer yourself. That’s why the most important and most likely innovations are those that are “made in your discovery style”.

Your product idea is not about something you always do. A very valuable idea. For example, you are going to build a walking airplane (Isn’t that clever? Please don’t steal this bright idea of ​​mine…) But you don’t know the aerodynamics of an airplane. You are not a software developer. You are not a designer. Even if you find them all, you are not a sales professional, or at least not someone in this industry. In this case, the time it takes to implement the idea will be longer.

Even in a factory that produces products in any field and has been doing this for many years, it takes an average of 18 months for an idea to be turned into a product and sold.

There is a smart move you can make at this point. OBTAINING INTELLECTUAL PROPERTY RIGHTS…

Maybe you haven’t heard of it yet, but there are patent wars going on in the world right now. Many companies are from all walks of life. It is trying to obtain, so to speak, collect patent rights not only from its own field, but from almost every field.

While this gives you time to bring your idea to life, even if you never realize this idea, it turns one of the items we mentioned above, that is, having someone else realize this idea, in your favor.

So what is a patent?

You don’t expect me to answer this question by defining a patent, do you? If you don’t know what a patent is, what are you doing in this article? But I can tell you about the types and scopes of patents and how you can apply for a patent in Turkey.

Now here are some concepts you need to know. I take these concepts directly from Turkish Patent official definitions.

1) Copyright: These are the legally granted rights on the products created by a person with all kinds of intellectual labor.

2) Industrial Property rights; Registration of the signs on the goods produced and sold in the field of trade on behalf of the first practitioners of inventions and innovations such as trademarks, patents, designs, utility models and geographical indications, new designs and original works, which will enable the manufacturer or seller to be distinguished, and thus ensuring that these persons do not produce the product. and these are the rights that enable them to have the right to sell for a certain period of time.

Patent başvurusu yapılacak buluşların dünya çapında yeni veya erişilebilir hiçbir mecrada yazılı ya da sözlü yayınlanmamış olması gerekiyor. Yani yukarıda da belirttiğim gibi, önce bir araştırmak lazım fikir gerçekten sadece sizin fikriniz mi diye…

Bu araştırmayı doğru şekilde yapmaz ve patent başvurusu yaparsanız para ve vaktinizi boşa harcamış olursunuz. Ama “umut fakirin ekmeğidir” derler, siz bilirsiniz…

Peki bu araştırmayı sağlıklı olarak yapabileceğiniz yöntemler nelerdir?

Öncelikle google kullanmak tabi ki ilk akla gelen seçenek. Ya da gücüne inandığınız herhangi bir arama motorunda bu araştırmayı yapabilirsiniz. Ama konu patent olduğunda, doğrudan google’da aramak yerine şu adresleri kullanabilirsiniz.

• https://www.turkpatent.gov.tr/
• https://worldwide.espacenet.com
• https://www.wipo.int/
• https://www.uspto.gov/
• https://patents.google.com/

Her buluşun da patenini almamnıza izin verilmez elbette tekelleşmemeniz için. Bu noktada buluşlarına patent almayarak insanlığın faydalanmasını sağlayan Sir Alexander Fleming (d. 6 Ağustos 1881 – ö. 11 Mart 1955 – Penisilin), Volvo (Emniyet Kemeri), Elon Musk (Tüm buluşları) gibi yüksek zihinlere de saygı ile selam göndermek isterim.

Some subjects and activities that are not considered inventions and cannot be patented can be listed as follows:

• Discoveries, scientific theories and mathematical methods
• Plans, rules and methods for mental activities, business activities or games
• Computer programs
• Products with aesthetic qualities, literary and artistic works and scientific works
• Presentation of information

You were surprised by some of them, weren’t you? You can find more information on Türk Patent’s website.

But let’s learn from the same address what can be patented with some examples.

For example, a shortcut method for division cannot be patented. Only a calculator that functions accordingly can be patented. A physical theory about semiconductivity cannot be established. However, new semiconductor devices and their manufacturing method can be patented.

A method of learning a language, a method of solving puzzles, a game, or plans for organizing a commercial enterprise cannot be patented. But a new device for playing a game can be patented.

The software itself cannot be patented. However; For example, a device with software that recognizes fingerprints can be patented.

However, there are some subjects that cannot be patented because they are not intended to be patented.

• Inventions that are against public order or general morality
• Essentially biological processes for plant or animal production with plant varieties or animal breeds, excluding microbiological processes or products obtained as a result of these processes.
• All treatment methods, including diagnostic methods and surgical methods to be applied to the human or animal body, and surgical methods.
• The human body at various stages of its formation or development and the mere discovery of one of the elements of the human body, including a gene sequence or partial gene sequence.
• Human cloning processes, processes of changing the genetic identity of the human germ line, use of human embryos for industrial or commercial purposes, genetic identity changing processes that may cause suffering to animals without providing any significant medical benefit to humans or animals, and animals obtained as a result of these processes.

However, the patent right prevents the “Commercial” production, use, sale and import or export of this idea without the permission of the applicant. But there is no obstacle for non-commercial, personal use.

Well, if you have read this far patiently, now let’s talk about how to apply for a patent.

You can carry out the patent application and follow-up procedures yourself or through patent attorneys registered in the patent institution’s “Patent Attorneys Registry”. If you want to apply yourself, we recommend that you first download the “Patent/Utility Model Application Guide” for free. (https://www.turkpatent.gov.tr/basvuru-kilavuzlari)

In Turkey, applications can only be made online at https://epats.turkpatent.gov.tr/run/TP/EDEVLET/giris by logging in to EPATS with an e-Government password, electronic signature, mobile signature or internet banking.

All the details of the steps you will take from here are in the manuals that you can download via the links I provided above. But in summary, the process is as follows:

1) The description set is prepared. Its content consists of:

a) Summary: Technical summary of maximum 150 words

b) Specification: here you must clearly describe every detail of the invention

c) Claims: You are asked to write and number the technical features of the invention that you want to be protected. For example; The invention is an umbrella and its feature is; It has a handle part (1), foldable metal arms attached to the handle (2), fabric sewn to the arms (3) that provides protection from rain, and a button (4) located on the handle part that allows the metal arms to be opened.

d) Pictures (It is not mandatory, but if they are to be added, they must be technical drawings prepared with drawing tools and programs. Flow charts and diagrams are accepted as technical drawings. Photographs, tables, etc. are not accepted as pictures. In some cases that require microscopic imaging at the micron level, photographs can be used.

2) If the applications are incomplete, 2 months are given to complete the missing applications without notification. If the deficiencies are not corrected within this period, the application will be rejected.

3) The applicant requests a “research” along with the application or without the need for notification, provided that the application fee is paid within 12 months from the application date.

4) The applicant requests the examination to be carried out by paying the fee within 3 months from the date of notification of the research report. Otherwise, the application is deemed withdrawn. After the examination request is made, a report is prepared and if it meets the patent criteria, a patent document is created. This decision is notified to the applicant and the patent is published in the official patent bulletin. If it is not patentable, the applicant is notified to defend his views and make changes, provided that they do not exceed the scope of the application, and such notifications are repeated as necessary. However, this number of notifications cannot be more than three.

Registration of inventions as patents or utility models provides the applicant with a monopoly right in the “registered country” and prevents imitation.

The continuation of the patent must be ensured by paying regular annual registry registration fees for the patent. Patent and Utility Model application or certificate can be transferred, rented through a license agreement, transferred to heirs through inheritance or pledged. The patent certificate provides protection for 20 years from the date of application and this period cannot be extended.

As I mentioned above, there is also the option of applying for a “Utility Model” along with the patent. Utility Model registration can also be made for new and industrially applicable inventions worldwide. Unlike a patent, there is no examination process in this document. The research report is sufficient to obtain this document and the protection period of the document is 10 years.

Again, Utility Model protection cannot be provided for every invention. In particular, inventions related to chemical and biological substances or chemical and biological methods or products obtained as a result of these methods are excluded from this scope. Pharmaceutical substances and procedures or products obtained as a result of these procedures are also within this scope.

The application interface and process are very similar to a patent (Description, fee, etc.). There are differences in the time periods for completing the incomplete application and paying the fee (both 2 months).

Finally, like Patent and Utility Model, there are also Trademark Registration and Design Protection issues. But I think it would be better if I leave these out of the scope of the article. I’ve made it long enough…

Patented Days!