What are Inventions and Patents?
Invention is defined as the solution to a particular problem in the field of technology. The concept of invention forms the basis of patent law. A patent is one of the industrial rights granted to the inventor for an invention and gives the right to prevent others from inventing, using and selling the invention for a certain period of time without the consent of the inventor.
What is a utility model? What is the difference with a patent?
The utility model is a system that provides protection to inventors, which is new in Turkey and in the world and can be applied to industry. The utility model documentation issuance process is more convenient in terms of both time and expense, and patent issuance rates. The utility model is considered to be simple and inexpensive, especially for small and medium-sized industrialists and research institutes to make inventions and apply them to the industrial world. The differences between a patent and a utility model are summarized in the table below.
A patent includes the inventive step because the invention is such that it cannot be "obviously" removed from the state of the art by a skilled artisan.
** Industrial applicability means that the invention can be applied in industry rather than being purely theoretical.
Q: Can all inventions be patented?
A patent must be patentable for new inventions, including inventive step, and applicable to industry, but no patents are granted to plant or animal species, plant or animal breeding methods based on plant or animal species, or biological concerns. In addition, inventions contrary to public order or general morality are not patented.
About Patent Registration 1
Which inventions are not patented?
- Discoveries, scientific theories, mathematical methods,
- plans, procedures and rules for mental, commercial and gaming activities,
- Literary and artistic works, works of science, living things with aesthetic qualities, computer software,
- procedures for compiling, organizing, presenting and communicating information,
- Surgical and therapeutic procedures to be applied to the human and animal body and diagnostic methods related to the human and animal body.
Except for all these cases, patent protection is not granted to inventions contrary to public order or general morality, plant or animal species, plant or animal breeding methods based on important biological principles, in accordance with the Decree-Law.
Q5: Who issues a patent?
The only authorized institution issuing patents in Turkey is the Turkish Patent Institute.
Q6: How do you know if a product is patented?
Whether a product is patented or not is understood by specifying the patent number on the product; Indication of the patent number on a product will prevent unintentional patent infringement lawsuits. However, it is a legal offense to state that the product is patented if it is not patented, or to put a mark on it to obtain a patent when the patent has expired. (BKZ 551 KYK Article 73 / a)
Q7: Is it possible to generate income from a patent?
The patent owner can use the patent in the following ways:
- It can only produce the product itself,
- Transfer patent rights to others,
- Profit from patent rights through licensing.
Q8: Is a patent valid in Turkey also in other countries?
Patents become property rights for the countries in which they were acquired. A patent obtained in Turkey gives property rights only in Turkey. If you want to obtain patent rights in other countries, you can apply for each country separately or through the international application system PCT (Patent Cooperation Agreement) or the EPC Regional Application System (European Patent Convention). However, as these application systems are complex and expensive, we recommend that you seek professional help and visit WIPO (World Intellectual Property Organization - www.wipo.int) and EPO (European Patent Office - www.epo.org).
Q9: What patent claims can be found in patent claims subject to patent rights?
Both civil and criminal cases can be brought against violations of patent rights. The patent owner who owns the patent can make the following requests by the court.
- Prevention of rape
- Stop the rape
- Removal of rape
a) Financial Compensation
b) Non-pecuniary compensation
c) Reputation compensation
- Recognition of ownership on products and vehicles
- Deformation and destruction
- Disclosure of the court decision to the public, public announcement and announcement of the decision
- Precautionary measures