The right of the owner of an invention to produce, use, import or sell the invention in question for a certain period of time is called patent right. The document showing this right is called patent registration. In other words, the inventor has a say in his own invention. After the invention is patented, this document gives the inventor the right to use, manufacture, sell or license the product or method that is the subject of the invention for a period of time. Therefore, it can be said that a patent is a document that allows the inventor to protect his creative idea within a certain period of time within legal provisions.

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Knowing the necessary details about patents makes it easier for the inventor to go through the patent application process. The invention that defines the subject of the patent can be a rule, theory, or formula that solves any problem. As stated in Article 82/2 of the Industrial Property Law (IPL), patents are granted for inventions in the field of technology, provided that they are new, industrially applicable, and involve an inventive step. Therefore, for a patent to be granted for any invention, the following conditions must be met:

  • The invention must be new.
  • It must involve an inventive step.
  • It must be industrially applicable.

When Can a Patent Be Obtained?

It is essential to know in which areas this document is valid and meet the patentability criteria to obtain a patent. The mentioned criteria can be listed as follows:

Surpassing the state of the art: If the invention, in collaboration with an expert in the relevant technical field, results from an activity that is not clearly evident in the state of the art, it can be accepted in this way.

  • Novelty: Novelty, meaning that the invention has not been disclosed in written, oral, or applied form by others before applying for a patent, is crucial when obtaining a patent certificate. Before applying for a patent for an invention, databases are thoroughly examined and a patent search is conducted through the assistance of a professional patent attorney. Furthermore, it is essential that the invention has not been shared with the public before the patent application.
  • Industrial applicability: The invention must be practically applicable, rather than purely theoretical. Inventions that meet these criteria correctly are entitled to protection through patent registration. In other words, obtaining a patent means that the invention is not just a product of imagination but can also be practically implemented. This implies that the invention can be used in the industry. If the invention is deemed applicable in any field of industry, possesses qualities that can be produced, and is deemed industrially applicable, it signifies that it can be used in industry.
  • Inventive step: Having an inventive step, also known as overcoming the state of the art, indicates that the invention has made an objective advancement compared to the current state of the art. Meeting this step means that the invention has provided an advantage that was previously not achievable, solved a significant unsolved problem, or unexpectedly redesigned and improved a previously existing invention, all of which are among the criteria for obtaining a patent.

When it comes to meeting the specified conditions for obtaining a patent, it is often a more appropriate choice to opt for Utility Model registration, which allows for quicker registration rights, especially when considering whether there is an "inventive step" or not. The protection process for Utility Models, suitable for patents, is much shorter and is preferred as a form of protection, especially for small and medium-sized industries. However, it should be noted that in this case, the protection provided to the rights holder is significantly weaker compared to patent protection. Utility Model protection is not applicable to all chemical substances and products obtained through processes and procedures.

Patents become an encouraging element when it comes to evaluating the intellectual, inventive, and technical capabilities of individuals, businessmen, and the application of developed inventions in industrial fields. Therefore, patents play a crucial role in promoting the development of research and development activities and in the dissemination of technical knowledge. The patent incentive system, in terms of the protection it provides to the inventor, plays an effective role in expanding manufacturing activities.

In today's ever-evolving scientific and technological landscape, patents take a prominent role in protecting the rights of individuals who manage to introduce a new invention. Having a thorough understanding of all the necessary details about patents is essential for managing the process effectively.

A patent, which allows the inventor to establish their rights over their own idea, continues to provide an exclusive right for 20 years to the inventor. This means that third parties cannot use the invention or derive any benefit from it through any method without making a payment to the patent holder. Therefore, applying for a patent is crucial to protect the personal rights of the inventor.

How to Apply for a Patent?

Patents, like any other services and products, can be sold to others, leased, or easily transferred to future generations through licensing. The necessary applications for obtaining patents must be submitted to the Turkish Patent and Trademark Office. This institution is considered an autonomous organization under the Ministry of Industry and Labor. Patent applications to this institution can be made either directly by the inventor or by authorized representatives appointed by the institution.

After conducting a detailed research, a petition for the patent application should be submitted to the Turkish Patent and Trademark Office, along with a summary of the invention, a description, technical drawings, and the proof of payment of the application fee, following preliminary research and analysis. The subsequent steps should be followed as follows:

  • The first step is taken to apply for a patent with the Turkish Patent and Trademark Office.
  • A research report is obtained by the Turkish Patent and Trademark Office.
  • Subsequently, this research report is published.
  • The patent examination report is concluded and issued by the Turkish Patent and Trademark Office.
  • If the conditions are found to be suitable, there are no obstacles left to obtain the patent certificate.

The right obtained through a patent signifies the ownership of an intellectual effort that has generated a new invention idea, and if this idea is implemented, the right to control these products. This right is essentially a kind of property title. Thanks to this right, the patent holder has the authority to use, authorize the use of, or prevent others from using the invention.

Qualified Support in Patents at Alkan Patent

A patent is considered an essential document to prove ownership of an invention. Therefore, individuals who believe they have an original idea, invention, or product must apply for a patent and obtain the relevant patent certificate as soon as possible to protect their personal idea. While Alkan Patent's expert team completes domestic and international design, trademark, and patent registrations with great precision in the shortest possible time, we also track every detail on your behalf for intelligent solutions that ensure your future security. To experience Alkan Patent's many years of working experience and the comfort of having expert teams track your idea on your behalf, you can reach out to us immediately through the contact numbers provided on our website.