What Is a Patent?
A patent is a form of protection that grants its owner exclusive rights for a limited period when a new solution to a technical problem meets the required conditions.
Patent rights allow the owner to prevent others from making, using, selling or importing the invention without authorization.
In Türkiye, patent applications are filed with the Turkish Patent and Trademark Office. Patent protection lasts for up to 20 years from the filing date.
Why Apply for a Patent?
Developing a new product, system, machine or technical solution can require substantial investment. A patent application helps protect that solution against unauthorized use.
A patent also provides opportunities to license or assign the invention and increase its commercial value.
Searching existing technical publications, earlier patents and similar solutions before filing helps assess whether an invention is new.
What Makes an Invention Patentable?
To qualify for patent protection, an invention generally must be new, involve an inventive step and be capable of industrial application.
The invention must not have been disclosed to the public anywhere in the world before the filing date.
The invention must not be obvious to a person skilled in the relevant technical field in view of the prior art.
The invention must be capable of being made or used in any field of industry.
Scope of Patent Rights
The scope of the patent owner’s rights is determined by the claims. The description and drawings help interpret those claims.
Subject to the applicable conditions, the patent owner can prevent unauthorized making, use, offering for sale, sale or commercial importation of the protected invention.
Patent rights may be assigned, licensed, inherited and used as a commercial asset.
When Do Patent Rights Arise?
The patent term begins on the filing date. For a patent to be granted, however, the application must successfully complete the search and examination stages.
Publication of the application may give rise to provisional protection under the law. Once the patent is granted, the owner’s rights are established.
Patent Protection Term
Patent protection lasts for up to 20 years from the filing date, provided that annual fees are paid on time.
What Are the Steps in a Patent Application?
A patent or utility model application generally includes applicant details, a description, claims, an abstract, drawings where applicable and other required elements. Applications are filed electronically with TÜRKPATENT.
Initial Invention Assessment
We assess the invention’s technical features, differences from the prior art and the elements for which protection is sought.
Patent Search
We search similar patent documents, publications and existing technical solutions to develop a filing strategy.
Preparing the Description and Claims
We describe the invention in detail and draft the claims that define the scope of protection.
Application to TÜRKPATENT
The application is submitted electronically to TÜRKPATENT and the official filing process begins.
Search Report
The search report assesses the invention’s novelty and patentability in light of the prior art.
Examination
The patent application is examined to determine whether it meets the required conditions.
Grant of Patent
If examination is successful, a patent is granted and the invention receives patent protection.
Patent Register Changes
Ownership or registered details for patents and patent applications may change over time. It is important to record these changes in the relevant register.
Transferring a patent or application right to another individual or legal entity.
Granting third parties the right to use a patent under agreed terms.
Recording changes to the patent owner’s business name or address in the register.
Recording changes in ownership arising from inheritance or other legal transactions.
Patent Searches and Bulletin Monitoring
Patent searches go beyond the period before filing. Monitoring competitors’ patents, new technical developments in your sector and published applications can be strategically valuable.
Searches of national and international patent databases help assess existing technical solutions, similar inventions and new applications in your sector.
Regular patent searches can help you identify competitors’ technical activities, emerging product development areas and potential infringement risks earlier.
Patent Priority Rights
Under certain conditions, a priority claim allows the date of an earlier patent or utility model application to be used as the priority date for a later application.
If you plan to protect an invention in several countries, priority rights are an important part of your international filing strategy.
A priority claim must be made correctly, with the required information and documents submitted by the applicable deadlines.
Patent Annual Fees
Annual fees for the relevant years must be paid by the applicable deadlines to keep patent protection in force.
Missing annual fee deadlines can put patent rights at risk, so payment dates should be monitored regularly.
At Marka Patents, we support the monitoring of annual fees and register matters for your patent and utility model files.
What Are the Differences Between Patents and Utility Models?
Patents and utility models are two forms of protection for technical inventions. They differ in their requirements, examination procedures and protection terms.
Utility models are not available for every technical subject. The nature of the invention should be assessed before filing to determine whether a patent or utility model is more suitable.
Utility Model
A utility model is an option for protecting technical solutions that are new and capable of industrial application.
Unlike a patent, a utility model does not require an inventive step and does not involve an examination report. A search report remains an important part of the process.
Utility Model Protection Term
Utility model protection lasts for 10 years from the filing date.
What Is a Utility Model?
A utility model grants the applicant exclusive rights for a limited period to protect certain technical inventions.
To qualify for utility model protection, an invention must be new and capable of industrial application.
In Türkiye, utility model applications are filed with TÜRKPATENT. The application structure is similar to that of a patent, but the assessment process differs.
How Does a Utility Model Differ from a Patent?
The same filing route is not suitable for every technical solution. We assess the invention’s technical features, novelty, desired scope of protection and commercial goals to determine whether a patent or utility model is appropriate.
Patents are assessed for inventive step; utility models are not. A patent involves search and examination, while a utility model has a search report but no examination report.
At Marka Patents, we assess your invention and filing strategy to help plan the most suitable route to protection.
Tell us about your technical solution, and we’ll help map out a suitable patent or utility model application.
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