PATENT / UTILITY MODEL REGISTRATION





System giving priority to the inventor for a certain time to use and cause the using of its invention in order that the innovations and inventions may be implemented in the industry, may contribute to the economy, the inventor may be rewarded and encouragement of making inventions. There are three types of protection...

· Examined Patent
Certification if appropriate as a result of the research of “known technique” regarding the invention and evaluation of the patentability of the invention by international examination. Provides a 20-year protection period.


· Non-Examined Patent
Certificate issued by the Institute following the research of the Known Technique upon the applicant no request of examination. It gives a 7-year protection period. If the registration owner requires, it may ask for examination at any time during the 7-year time and may extend the protection time.



· Utility Model
Certificate issued for developments and improvements carried out in mechanisms without researching the known technique. Gives a 10-year protection period.


Patent has to be used within 3 years as of the date of registration and such use has to be notified to Turkish Patent Institute. If no usage or notification is made, third persons shall have the right to be licensed by court order. In which case, license fee will be determined by the court.

Right obtained thru Patent Registration

Patent owner has the right to prevent the conduct of following by third persons without permission:

· If the Patent subject is due to any reason other than product production, selling, usage or importation or holding it for personal need for such purposes

· Use of a procedure that is a subject of the Patent;

· Offering the use of procedure patent, usage of which is known or has to be known prohibited to others by third persons.

· Selling or usage or importation of products directly obtained thru the procedure that is the subject of the Patent or holding it for any reason other than personal need for such purposes.



Right obtained thru patent covers the country where it is registered. Only one patent is given in the world in a specific topic. The patent has to be registered in countries where the protection is intended for that patent. In applications to be made within the scope of Patent Cooperation Agreement in International Registrations (PCT), registration may be extended to 170 countries by making additions in one time or within 30 months.



Penalties Applicable in case of Violation of Patent Right

· Sentencing from one year to four years

· 30.000.-YTL monetary fine (determined on an annual basis)

· Closure of workplace and prohibition from trading