Patent Services

     A product subject to patent rights is the case when the inventor has the right to produce, use, sell, or import the product subject to the invention for a specified period of time. A patent certificate is a document that is a concrete indicator of this right. Once a patent is granted to the inventor, it is prohibited for anybody other than the patent owner to create, use, or sell the product that is the subject of the invention during the patent period. In other words, an invention with a patent becomes the property of the inventor during the patent period.

If more than one person collaborates on an innovation, each individual has the same right to file a patent application. However, the collaborators can decide differently from each other. Should the same invention be made by different people at the same time, the right to request a patent belongs to the person who has applied before or has the preemptive right. Unless a conflict arises, the person who filed the patent application first has the right to request a patent.

Because discoveries are the uncovering of objects or occurrences that already exist in nature but are unknown, they cannot be patented. However, in the case of the use of a discovered substance in the solution of a technical problem, a patent may be in question.

Scientific theories are a broader type of discovery, and the same rule applies here. Because they don’t express a technical principle, they aren’t inventions. For example, a physical theory of semiconductors cannot be patented, but new semiconductor devices and methods for their manufacture can be patented.

     Private companies, in particular, place a premium on improving their trademark value by becoming innovators and registering patents. By registering a patent, not only private organizations, but also individuals, can become inventors. All rights to inventions belong to the inventor and are protected by the patent registration certificate received by applying to the Turkish Patent and Trademark Office, while the development and commercialization process of the invention is supported.

Another goal of the patent document is to encourage and protect more inventions by demonstrating that both existing and potential inventors are protected and encouraged. The rights granted to the inventor are encouraging not only in the process of registration and protection of the invention, but also in the process of its development and commercialization.

With the patent registration, the technical features of the invention are presented to the public, and the registered invention contributes to the commercial and economic development of the country as an inspiration for new inventions. The patent owner has the right to control the process, innovations, import, production, use, and sales of their invention in any way with the patent granted.

In short, registration is a very useful tool that allows you to protect your commercial idea from unauthorized use by competitors who want to reflect it at the expense of foreign intellectual property. By registering a trademark, you can promote it and build a good reputation for your company.

     Utility model protection, also called petty invention or petty patent, is a part of patent law. It is the acknowledgement of the right to produce and market the product subject to the invention for 10 years to the owners of inventions that are new and applicable to the industry in Turkey and the world.

The procedures for issuing a utility model certificate are more convenient both in terms of time and expense than for issuing one for a patent. Utility models are well suited to the demands of SMEs because of their flexibility, speed of certification, and lack of cumbersome procedures. The ease and low cost of acquiring utility model protection is thought to encourage our small and medium-sized enterprises and research institutes, in particular, to produce inventions and apply them to industry. On the other hand, especially nowadays, there is a risk that innovations implemented by small and medium-sized enterprises will be imitated by competitors by doing almost the same. Protecting these small and medium-sized enterprises, albeit modestly, by issuing a utility model certificate will enable them to maintain their economic assets. In other words, utility model protection is designed to function more quickly and more rapidly than patent protection against infringement acts.

Furthermore, a utility model can protect an invention that meets the patent’s protection standards, as well as small inventions that do not meet the patent’s protection conditions but nonetheless make an advance in the technical field.

With its patent attorneys and engineer team, Tamnot Patent meticulously supervises all procedures, from researching inventions to patent and utility model registrations of its clients before registration, to creating patent and utility model specifications, to filing and submitting the application.

     A license agreement can be established for the use of a patent or for the use of a utility model. The right to use a patent application or patent may be the subject of a license agreement, valid throughout or in part of Turkey. The license may be issued in the form of an “Exclusive License” or a “Non-Exclusive License”. Under the Exclusive License, the licensor cannot grant a license to someone else and cannot use the invention that is the subject of a patent, unless he or she explicitly reserves the right. In the Non-Exclusive License, on the other hand, the licensor may use the invention that is the subject of the patent, or s/he may grant other licenses for the same invention to third parties.

     The Preemptive Right is the legally recognized right of precedence. Preemptive Right applications will take precedence over applications for the same invention filed within the same time period. Documents related to the preemptive right request must be provided within six months of the Trademark and Design Preemptive Right application date. Within three months of the application date, a Patent or Utility Model must be filed with the relevant institution. Otherwise, it is considered that the request to use the preemptive right has not been made.

Basic Patent Information Training Content:

• What is a Patent?
• What can be patented and what can’t?
• What Are the Necessary Elements for a Patent Application?
• What are the National Patent Processes?
• What is a Utility Model?
• What Are the Differences Between a Patent and a Utility Model?
• What are the Utility Model Processes?
• Assignment, License, Cross-License
• Additional Patent- Secret Patent
• What are the International Patent Application Methods?
• What is the Preemptive Right?
• What is the PCT (Patent Cooperation Treaty)?
• What is the EPC (European Patent Convention)?
• What is the PCT Application Process?
• What are the EPO (within the scope of EPC) Application Processes?
• What Are the Differences Between PCT and EPC?
• Examplary Patent Procedures