Patent

Innovations and inventions in the field of industry are the main factors of productivity and economic growth. Innovation/invention is generally accepted as the development and development of new products and new methods and their transfer to the economy.

An effective patent system can bring about economic growth in the country. Historical developments show that a patent system that provides effective protection brings the economic development of the country. On the other hand, it is possible to determine the historical development of technology by examining patent documents.

Patent is a part of technological literature. Patent is also considered as an important incentive tool. An effective patent system encourages creative talents to make inventions and businessmen to evaluate their inventions by applying them to industry. Patents are among the factors that encourage the creation of research and development activities that will bring technological progress in all branches of industry, including agriculture, and play a primary role in the dissemination of technical information.

It is possible to see the importance of industrial rights in terms of technological development, especially in patents, useful models and industrial drawings and models.

While the recognition and protection of industrial rights ensures the promotion of research and development and the utilization and dissemination of technical information, on the other hand, it prepares the ground suitable for technology transfer inside and outside the country.

Concept of Invention: Invention is the solution of any technical problem in industry, including agriculture. Inventions may relate to a product or a method.

Concept of Patent: Patent is the document that authorizes the inventor to produce, use or sell the inventive product or method for a certain period of time.

Conditions of Patent Protection of Inventions In order to be protected by patent, inventions must meet the following conditions.

- Innovation
- Exceeding the state of the art
- Industrial applicability

SUBJECTS THAT WILL NOT BE PATENTED
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The subjects listed below are not protected by patents as they are not inventive:

Discoveries, scientific theories, mathematical methods
Plans, procedures and rules regarding mental, commercial and gaming activities.
Works of literature and art, works of science.
Non-technical procedures for compiling, organizing, presenting and transmitting information.
Diagnosis and treatment methods and surgical methods to be applied to human and animal bodies. (Except for the compositions and substances used in any of these methods and the production methods)
NON-PATENABLE INVENTIONS
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Inventions whose subject is contrary to public order or general morality.
Plant or animal species or methods of raising plants or animals based on a significant biological basis,
Although they are inventions, they are not protected by patenting.

ANNUAL FEES
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In order to continue the protection of the registered Patents or Utility Models whose registration procedures are in progress, it must be paid to the Turkish Patent Institute every year during the protection period. The due date is the month and day corresponding to the application date. If the annual fees are not paid on the due date, they may be paid with a delay within six months following the due date, with a delay penalty. If it is not paid on this date, the patent right expires.

OBLIGATION TO USE THE PATENT
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The patent owner or the person authorized by it has to use the invention protected by the patent. The obligation to use takes place within 3 years from the date of publication of the announcement regarding the grant of the patent in the bulletin.

The patent owner or the person authorized by him proves that he is using the invention before the Institute with an official document. The official patent usage certificate is issued by the authority determined in the Regulation and according to the general criteria and rules determined in the regulation.

The certificate of use is given as a result of the examination of the production in the industrial enterprise where the invention is used. The certificate determines that the invention subject to the patent is offered for sale or applied. The document is issued by the relevant authority within three months from the date of the application for it. is found.

The certificate of use is registered in the Patent Registry.

LICENSE AGREEMENT AND TRANSACTIONS
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The right to use a patent application or a patent may be the subject of a license agreement, valid throughout Turkey or in some parts of it. Licenses may be exclusive or non-exclusive license in the form of license.

Unless otherwise agreed in the contract, the license is not exclusive. In the non-exclusive license, the licensor may use the invention subject to the patent himself, or he may grant other licenses for the same invention to third parties.

When an Exclusive License is in question, the licensor cannot grant a license to someone else and cannot use the invention subject to the patent, unless he explicitly reserves his right.

The License Agreement must be registered in the Turkish Patent Institute Patent Registry.

REQUIRED DOCUMENTS FOR LICENSE PROCESS
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- Notarized license agreement
- Notarized power of attorney. (You can get a sample printout.)

PRELIMINARY PREPARATION FOR REGISTRATION
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Individuals or companies that want to register their invention should make the following preparations in order to prepare the patent file correctly and completely .

SUMMARY
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Summarize your invention and development.

DESCRIPTION
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Explain your invention down to the smallest details. If there are precedent products of your invention, clearly state the differences, advantages, disadvantages and differences of other products from these products and methods, and which technical problem your invention solves in writing.

TECHNICAL DRAWING
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Black and white Draft pictures of your invention or development (not to scale and color) Detail Parts; The names of the Parts that make up your invention or development, if any, and their numbered representation on the technical drawing should be given.

SAMPLE BY MANUFACTURING OR ASSEMBLY
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How we produce or assemble our invention or development, what we pay attention to, what are the tricks? Is there a manufactured example? Delivery of the sample to our company will gain importance in the writing of patent specifications and claims.

TRANSACTIONS
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Explain one by one the parts of your invention that we want to be protected. What do we not want to be copied by someone else in your invention? In order to prevent counterfeiting, such information should be given as clearly as possible.

Required documents

- Company or person information that will make the application
- Information of the inventor
- Power of Attorney (you can print out a sample. Notarization is not required)

TYPES OF PATENTS

Unexamined Patent
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In the system of granting a patent without examination, a patent is granted for a period of 7 years without any examination regarding the conditions of patentability. However, unlike the system with examination, it is decided to grant a patent without examination without considering the opinions of third parties on the application and report.

In the unexamined system, it is aimed to encourage the protection of the inventions of inventors and small businesses, especially those with limited financial means, by introducing a protection that requires a faster, cheaper and less burdensome process, although the protection period is shorter compared to the examined patent.

The reality and usefulness of the subject of the patent granted without examination is not guaranteed by the state. It is obligatory to make a request for the examination of the patent granted without examination. This request is made by the patent owner or third parties within seven years at the latest from the date of application. The fee for the review is paid by the requester.

If the examination request is not made within seven years at the latest from the date of application, the patent right expires. After the seven-year period has elapsed, a review request cannot be made.

Examined Patent
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In the scrutinized system, after the publication of the research report, the criteria are examined whether the invention is new, whether the state of the art has been exceeded, whether it is applicable to the industry, and patents for 20 years are granted to inventions that meet these criteria.

In the Examined Patent System, after the research report on the known state of the technique is published, third parties may argue that the patentability conditions are not available and object, claiming that there is no innovation or the known state of the technique is not exceeded or the description is not sufficient, within six months.

The applicant must be notified to the Turkish Patent Institute within 3 months from the date of notification of the search report that he/she prefers the patent granting system. (If this notification is not made within this period, it is considered that the system of granting patents without examination is preferred.)

After the publication of the research report and within six months from the publication date, the applicant requests the Institute to be examined and examined for the purpose of granting a patent. In order to carry out this examination, the six-month objection period granted to third parties must expire and the specified examination fee must be paid.