Patent
A grant made by a government that allows the creator of an invention the sole right to make, use, and sell that invention for a set period of time.
Patentable Inventions
Inventions which are novel, which surpass the State-of-the-Art and which are applicable in industry shall be protected by patents.
Non-Patentable subject matter and Inventions
The following, not being inventions as of their nature, shall remain outside the scope of the Decree-Law :
a/ Discoveries, scientific theories, mathematical methods;
b/ Plans, methods, schemes/rules for performing mental acts, for conducting business/trading activity, and for playing games.
c/ Literary and artistic works, scientific works, creations having an esthetic characteristic, computer programs.
d/ Methods involving no technical aspect, for collecting, arranging, offering/presenting and transmitting information/data.
e/ Methods of diagnosis, therapy and surgery applying to human or animal body.
The provision under the paragraph one, subparagraph (e) of this present Article, shall apply neither to the products and compositions (per se) used in connection with these methods nor to their process of manufacturing.
Patent shall not be granted for inventions in respect of following subject matter.
a/ Inventions whose subject matter is contrary to the public order or to morality as is generally accepted.
b/ Plant and animal varieties/species or processes for breeding/plant or animal varieties/species, based mainly on biological grounds.
Persons Entitled To Protection
The Protection conferred by Turkish Patent Law is available to natural and legal persons who are domiciled or who have industrial or commercial establishments within the territory of the Republic of Turkey, or to the persons entitled to file applications under the provisions of the Paris Convention.
Natural or legal persons other than those referred to in the first paragraph of this present Article, who are nationals of the States which accord legal or de facto protection to the nationals of the Republic of Turkey shall enjoy, according to the reciprocity principle, patent and/or utility model protection in Turkey
Patent protection periods in Turkey
7 years for non-examined (without substansive examination) patents,
20 years for examined patents
Application for a Patent and Annexes
a/ application petition;
b/ description specifying the invention;
c/ claim(s) covering the elements of the invention for which protection is sought;
d/ drawings referred to in the description, in the claim(s);
e/ abstract;
f/ receipt showing the payment of the application fee.
Obligation to Indicate in the Application the Inventor
The inventor shall be indicated in the application. Where the applicant is not the inventor or the sole inventor, the applicant shall declare in the application how he has acquired, from the inventor or inventors the right to apply for a patent.
Where the inventor is not mentioned or no declaration is made as to how the applicant acquired the right to apply for a patent, the examination of the application shall not be initiated.
Priority Rights arising from applications filed according to International Conventions
Natural or legal persons who are nationals of any State party to the Paris Convention, or when not nationals, who are domiciled or have an active business in these States, shall enjoy a right of priority of twelve months as from the date of filing an application for the grant of a patent or a utility model certificate before the authorised bodies of these States, for the purpose of filing an application for obtaining a letter’s patent or utility model certificate in Turkey.
Rights Arising from Display in Exhibitions
Natural or legal persons who have displayed the products subject to a patent or a utility model certificate at national or international exhibitions held in Turkey or at, official or officially recognized, national or international exhibitions held in the states party to the Paris Convention, are entitled to claim a right of priority when the application for a patent or utility model is filed within a period of twelve months from the date of the display in the exhibition.
In order to enjoy the priority right of a product exhibited in foreign countries, it shall be necessary to submit evidence to be obtained from the relevant authorities of the country where the exhibition was held.
Examination as to Formal Requirements,
Upon the date of filing of an application becoming definite, the Institute shall examine the compliance of the application to the formal requirements set forth in the Regulation.
The compliance of the specification, claim(s) and drawing(s) to the patentability requirements is not comprised to be within the scope of this examination. The Institute shall examine the subject matter of the application, as of Articles 6 and 10 of the present Decree-Law, to determine whether or not it consists of an invention which is subject to patent protection and which is applicable in industry. The Institute after receiving/hearing the opinion to the contrary of the interested party (applicant) and, duly motivating its decision, shall reject the application when the invention, subject matter of the application, obviously and unequivocally lacks the characteristics of novelty and applicability in industry.
Where the examination conducted by the Institute according to the Article shows that there is no deficiency as to formal requirements or when any such deficiency has been duly remedied and completed in accordance with the requirements of the present Decree-Law, the Institute shall inform the applicant that the request, if not filed earlier, for conducting the Search on the State-of-the Art, is to be filed within the time-period set forth.
Publication of an Application
The application shall be open to public inspection upon its publication, in accordance with the provisions of the Regulation, after the elapsing of a period of eighteen months from the date of filing of the application or, if any, from the date of the priority claimed.
Request for Conducting Search on the State-of-the-Art and Payment of the related Search Fee
Within 15 months from the date of filing of the application, the applicant shall file before the Institute the request to conduct the Search on the State-of-the-Art and shall pay the relevant fee.
Where priority is claimed, such period (of 15 months) runs as from the date of priority.
The Institute shall conduct the Search on the State-of-the-Art subsequent to the examination of the application and to the request filed by the applicant, for conducting the Search on the State-of-the-Art.
Of the systems for granting patent with or without (substantive) examination, the one which the applicant has opted for shall be published in the related Bulletin where the Search Report on the State-of-the-Art is published.
At the time, when the Search Report is established, had an application for patent not been published earlier, the Search Report shall be published together with the application for patent.
System without examination
Upon the payment of the necessary fees in compliance with the decision reached, the Institute, shall issue the patent for a term of seven years and shall publish the issuance of same in the related Bulletin.
Opting for the (Substantive) Examination System.
The applicant shall declare to the Institute, within three months following the notification to him of the Search Report that he opts for the system for granting patent with (substantive) examination, to permit the Institute to examine the application as of the patentability requirements according to the provisions. Where no such declaration is made within the said time-period, the system for granting patent without (substantive) examination shall be deemed to have been retained.
Where, as the result of the examination, the Institute determines that the application fulfills the patentability requirements and that no objections have been raised, the Institute shall decide to grant the patent and shall notify this decision to the applicant.
Upon the payment of the necessary fees in compliance with the decision reached, the Institute shall issue the patent applied for twenty years.
Under the system for granting patent with (substantive) examination, the State does not guarantee the very existence/reality and the usefulness/utility of the subject matter of the granted patent.
Obligation to Work/Use
The patentee or the person authorized by him is under obligation to put to use/work, the invention under patent protection. The obligation to put to use/work must be realized within three years as from the date of publication in the relevant bulletin of the announcement related to the issue of the patent.
Market conditions are (to be) taken into consideration when/for assessing use/working.
Evidence of Use
The patentee or the person authorized by him shall prove his use of the invention by an official certificate to be filed before the Institute. The official certificate attesting the use of the patent shall be established according to the general criteria and rules foreseen in the Regulation by the authority designated therein.
The certificate (of use) is issued at the conclusion of the inspection of the production in the industrial premises where the invention is being put to use/worked. The certificate (of use) shall confirm the fact that the patented invention is being implemented or that the (goods) object of the invention is offered for sale.
The certificate (of use) must be prepared within three months as from the date of filing the relative application before the concerned authority. The certificate shall cover the data relative to the actual/effective use of the patented invention.
The certificate of use is entered in the Patent Register.
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