A patent is a legal monopoly
giving the patentee(s) of an invention the right to prevent third parties from
making, selling, importing or otherwise using the patented invention
without permission. To be patentable, an invention must be new at the time of
filing a patent application, that is to say, the invention must not have been
disclosed in any form to the public and must also be sufficiently different to
what is already known, i.e. it must not be obvious.
The Patent protection
revised with Decree-Law No.551 Pertaining to the Protection of Patent Rights
in force as from June 27, 1995 in Turkey.
Inventions protect by granting Patent or
Utility Model Certificate
according to present Decree-Law.
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
-
Discoveries, scientific
theories, mathematical methods.
-
Plans, methods, schemes/rules
for performing mental acts, for conducting.
business/trading activity, and for playing games.
-
Literary and artistic
works, scientific works, creations having an esthetic characteristic,
computer programs.
-
Method involving no
technical aspect, for collecting, arranging, offering/presenting and
transmitting information/data.
-
Method 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.
-
Inventions whose
subject matter is contrary to the public order or to morality as is
generally accepted.
-
Plant and animal
varieties/species or processes for breeding/plant or
animal varieties/species, based mainly on
biological grounds.
UTILITY MODEL
Inventions which are novel and
applicable in industry shall be protected by grant of Utility Model
Certificate.
The invention, subject matter
of the application for utility model certificate, shall not be deemed to be
novel when prior to the date of filing the application, it has been rendered
accessible to the public, whether in Turkey or in the world, by disclosure in
writing or in any other way or when it has been put to use within the country,
whether regionally or nationwide.
Disclosure, whether by
publication or in any other way or use, by the applicant for utility model
certificate or his predecessors, twelve months prior to the date of filing of
the application or to the date of priority, if any, shall not be deemed to be
destructive of the novelty of the invention, subject matter of the
application.
VALIDITY
|
Utility Models |
10 years from the filing date |
|
Patens
without Examination |
7 years from the filling date
(Possible to extend 20 years by requesting examination
of search report) |
|
Patents with examination |
20 years from the filing date |
