PATENT AND UTILITY MODEL

The invention is an idea product which is the technical feature of solving a specific problem in the field of technology. Each different solution of the same technical problem is a different invention. The invention has to be of a technical nature.

The patent is the fundamental right of the owner to the owner, for a limited period of time and for the duration of the invention, to prevent the production, use or sale of the invention by third parties without permission. The document given for this right is called Patent Certificate.

The utility model is an industrial property right, which protects inventions that are novel and can be applied to industry.

In the Patent System; the patent certificate is based on a examination report showing whether the application has a patentability criterion (innovation, inventive step, industrial applicability). The Patent Certificate provides 20 years of protection provided that the annual fee is paid each year, this protection period cannot be extended.

In the Utility Model System; unlike the patent, there is no examination system. Therefore, registration can be obtained in less time and less cost than the patent. In this system certificate is granted based on search report. The utility model certificate provides 10 years of protection provided that annual fees are paid and this protection period cannot be extended.

UNPATENTABLE SUBJECTS

  • Discoveries, scientific theories, mathematical methods
  • Plans, rules and methods related to mental activities, business activities or games
  • Computer programs
  • Works, literature and works of art and scientific works which are not artistic
  • Presentation of Information
  • Inventions that are contrary to public regulation and general morality
  • Biological processes for plant and animal production, including plant species or animal breeds, except for microbiological processes or products obtained as a result of these processes
  • All treatment methods including diagnostic methods and surgical methods for human and animal body
  • The discovery of one of the elements of the human body, including the human body and a gene sequence or partial gene sequence at various stages of its formation and development
  • Human cloning procedures, manipulation of the genetic identity of the human sex line, the use of human embryos for industrial or commercial purposes, the modification of the genetic identities that may cause suffering to animals without providing a significant medical benefit to humans or animals, and the animals obtained as a result of these processes.

INVENTIONS THAT CANNOT BE PROTECTED BY UTILITY MODEL

(Patentable Inventions)

  • Chemical and biological materials, methods and inventions
  • Pharmacy-related substances, procedures and inventions
  • Biotechnological inventions
  • Methods and inventions about the products that are obtained as the result of methods

PATENT / UTILITY MODEL SEARCH

Since the Patent and Utility Model registration process is highly technical, long and costly, and can mean very serious R & D costs even in the development phase of the invention, it is very important to conduct preliminary search on the technical field of the present invention.

Hlease contact Libra Patent for any kind of search procedures.

PATENT / UTILITY MODEL REGISTRATION

For patent and utility model applications, it is necessary to prepare the description, claims, abstracts and figures.

The ingredients to be prepared completely affect the subject matter of the invention and need to be accurately expressed in order to provide accurate protection.

PATENT PROTECTION STAGES

  • Form review by the Turkish Patent and Trademark Authority and completion within 2 months if there are any absences
  • Request for search within one month from the date of application
  • Preperation of search report
  • If the decision is to continue the application after the search report is requested, to make the amendments if requested and requethe necessary changes to be made if requested to make the examination report after thsting examination report
  • Publication of the application and notification of the opinions by the third persons
  • Preparation of examination report
  • Changes to be made to a maximum of 3 times for the issuance of a registration decision or elimination of nonconformities
  • Rejection of applications that do not have patent criteria despite amendments
  • Payment of the registration fee for the applications for which the registration decision is given
  • Publication of the patents and objections of third parties within 6 months

OPPOSITIONS AGAINST PATENTS

It is possible to appeal the patent application by the third parties within 6 months of the publication of the patent decision in the Official Patent Bulletin.

Proper objections are reported to the patent holder and are given time to submit their opinions or make changes if necessary.

After this process, the decision is made by evaluating the objections or changes.

UTILITY MODEL PROTECTION STAGES

  • Form review by the Turkish Patent and Trademark Authority and completion within 2 months if there are any absences
  • Request for search within one month from the date of application
  • Preperation of search report
  • If the decision is to continue the application after the search report is requested, to make the amendments if requested and requethe necessary changes to be made if requested to make the examination report after thsting examination report
  • Publication of the application and notification of the opinions by the third persons
  • Payment of the registration fee for the applications for which the registration decision is given for the proper inventions

RIGHTS PROVIDED BY THE PATENT

The patent owner has the right to demand the prevention of the following acts if unauthorized:

  • Production, sale, use or import of the product subject to patents or for any other purpose other than the personal need for these purposes,
  • Use of a method of patent
  • Providing the use of the procedure patent which is known or prohibited to be used.
  • The sale, use, importation of the products obtained directly by the procedure subject to patent or for any other purpose other than the personal need for these purposes.

CANCELLATION OF PATENTS

The courts may decide on the invalidity of the patent for the following reasons.

  • Patent subject does not meet the requirements of patentability
  • If the discovery is not sufficiently explained
  • If the patent issue exceeds the scope of the initial version of the application or if the patent is based on an application, it exceeds the scope of the first version of the previous application.
  • If the owner of the patents has proven to be
  • If the protection provided by patent has been exceeded

RECORDALS OF AMENDMENTS FOR PATENTS

Bearing in mind that patents continue their existence for long periods, it is natural that several changes may occur in the organization of the patent owners. In order for these amendments can be binding on the third parties, they shall be recorded in the Turkish Patent & Trademark Office Registry.

So, LIBRA PATENT will be very pleased to handle all the following recordals for all the patent applications and registrations;

  • Change of name
  • Change of address
  • Change of company type
  • Assignment and merging procedures
  • License procedures
  • Constraints and inheritance procedures
  • Partial or total voluntarily withdrawal procedures

Furthermore, we also will be very pleased to assist all the colleagues in order to obtain new registration certificates or certified copies of the documents, priority documents, patent application extract etc. from the Turkish Patent & Trademark Office and please feel free to contact with us for all your requirements.

ANNUITY PAYMENTS

For the continuation of the patent and utility model rights, annual fee payments to be determined by the Turkish Patent and Trademark Authority should be made regularly.

It is also possible to pay the annual fees, which do not pay within the normal period, within a period of 6 months.

As Libra Patent, your transactions for your full annual fee payment requests are completed very quickly. Please contact us for further information.

LEGAL RIGHTS AND PROCEDURES

Registrations of the trademarks are very important for legal protection but are not adequate for effective protection.

In order to protect the patents in an effective manners, all the rights granted by the 6769 numbered Industrial Property Law and other legal implementations shall be enforced against the third parties violating the patent rights and creating infringement and unfair competition.

On the contrary the loss of rights can be encountered because of being non-active in the prescribed periods and patent’s commercial value and protection can be harmed because of the infringement of third parties and unfair competition.

For this reason in the conditions of violation of patent rights, unfair competition and infringement, the situation shall be legally analyzed and recommended measures such as sending warning letters, custom recordals, determination via Notary of Public or Courts, starting legal actions with the Courts and other official bodies shall be started.

Please contact with LIBRA PATENT for legal consultancy and more information.

NECESSARY DOCUMENTS

Patent applications

  • Description
  • Claims
  • Abstract
  • Technical drawings
  • Name and address of the applicant
  • Priority information and documents if priority right is demanded

Change of Name / Company Typee

  • Trade Registry Extract confirming the prior and new name / type of the patent owner

Change of Address

  • No document is required and just the information is adequate for the redordal of change of address.

Assignment procedures

  • Notarized assignment agreement legalized with apostille including the details of the parties and the name(s) and number(s) of the patent(s) to be assigned.
  • Simply signed power of attorney

License procedures

  • Notarized license agreement legalized with apostille including the details of the parties and the name(s) and number(s) of the patent(s) to be licensed.
  • Simply signed power of attorney

Merger procedures

  • Notarized merging agreement or trade registry extract legalized with apostille
  • Simply signed power of attorney

Power of Attorney