If you have come up with a new invention or a utility model, it is necessary to protect it from unauthorized use. Getting a patent in Turkey can be a time taking endeavor and applicants would be better off employing reliable patent registration services in Turkey to get their invention recognized without going through any hassles. There is an entire gamut of laws and procedures after the scrutiny of the invention to be followed before getting recognition for your patent or utility model.

How to get a patent in Turkey?

There are two ways to protect your inventions- First, through a utility model which protects your invention for a period of 10 years from the date of filing, and Second, by acquiring a patent that grants protection for a period of 20 years from the patent registration.

Patents and Utility Models are different from each other in the fundamental aspect of innovation. Both these things have novelty, however, what distinguishes a patent from a utility model is its innovative step which is lacking in the latter. A utility model differs from a patent in the sense that it refers to a technical inventive step or method that can be protected for a limited period, usually a decade. The inventor can go for a utility model protection in Turkey if the invention meets the criteria.

There are three important criteria to meet for getting a patent. These are- novelty, innovative methods, and industrial applicability. Only when the applicant meets the three criteria, he would qualify for the patent. If you have a unique invention that you want to patent, then the following steps need to be followed:

  • The very first step would be to submit an application. During this phase, a reference is issued by a qualified research institute which contains detailed information about the patent.
  • After the application is filed, the applicant can ask for a search report for identifying the novelty of the invention. This has to be done within one year or 12 months.
  • When the search report is published, the applicant has to submit another request for examination of the invention. This has to be done within 3 months of receiving the results of the search report. The invention is subjected to expert scrutiny and the examination of the said invention is carried out to ascertain its patentability. The invention is checked for the fulfillment of various criteria such as state-of-the-art invention and industrial applicability. The scrutiny results in the publication of an examination report. The procedure is almost similar to utility model protection in Turkey.
  • After the examination report is published, the patent application is thrown open to challenge, where other parties may challenge the invention and lay a claim on the invention. If there is no discrepancy in the original application, the application is cleared.
  • After the application is selected, the applicant has to pay the application fee. The fee is 80 Turkish lira with a search fee and grant fee of 450 and 435 TRL respectively. The application fees can be more if the priorities increase. The complete application form is then sent to the Turkish Patent Institute for approval.
  • When the Turkish IP office i.e Turkish Patent and Trademark Office (TPTO)approves the invention, the applicant is granted a patent for a period of 20 years which guarantees the protection of the invention during this period.

Documents required for patent registration

The essential documents to submit for getting a patent registered in Turkey are:

  • The patent application containing the details of the applicant including the name and address of the applicant
  • Document proving the payment of necessary fees
  • A description of the invention
  • Duly signed original power of attorney

What can’t be patented in Turkey?

Certain inventions cannot be protected according to Turkish patent laws. According to Article 82 of the Intellectual Property Law, the following cannot be protected in Turkey because they are not considered inventions:

  • Natural discoveries and scientific theories
  • Aesthetic and creative work including literary creations
  • Computer programs

On the other hand, these are considered inventions but cannot be patented:

  • Biotechnological innovations like a new gene sequence or cloning process
  • Any plant or animal species or breeds and products obtained from them (microbiological processes are excluded)
  • Inventions violating public order and morality

Summary

Getting a patent or a utility model registered under your name is a big achievement and a recognition of your life-long work. The importance of getting your patent in time cannot be overemphasized. Applicants should therefore not waste any precious time and get immediate assistance from reputed patent registration services in Turkey. Professional intellectual property experts would organize and streamline the entire process for you so that you don’t have to deal with complicated paperwork. There are ample provisions for patent protection in Turkey and the violation of patent laws could lead to both fines and imprisonment. Once the scrutiny of the invention is complete, you would be granted the patent you have sought for a long time.