Patent right is a highly important term that encompasses scientific and technical inventions. It is used to indicate who owns a particular invention and has the right to use it. This patent, granted by the government to the inventor, is essential to prevent others from using, producing, or selling the invention without the inventor's permission. The patent is a crucial document that officially proves the existence of this right and who holds it. All rights of the patent holder are legally protected through patent registration.
The list of inventions (systems, mechanisms, products, methods, algorithms, etc.) for which a patent certificate can be obtained can be quite extensive. You can apply for a patent for machines you have designed on your own, as well as for chemical compounds or any device designed for everyday use. The most important detail to be observed in this regard is that the feature you want to protect in connection with what you have produced or discovered has not been disclosed to the public in any region of the world.
In addition to the novelty of the features you want to protect by obtaining a patent right, these features must also meet the criterion of an inventive step. In other words, if you take an existing invention and make some minor changes to it, you cannot obtain a patent for this invention unless these changes are technically clear and not obvious from the prior art, as determined by an expert. Another important factor to obtain a patent certificate is that the invention must be capable of being industrially produced. If the invention is not applied in industry, it cannot progress as it should in terms of the inventive step. Therefore, it is not possible for an invention that cannot be produced to fall under the scope of a patent in any case.
The only institution authorized to grant patent rights in Turkey is the Turkish Patent and Trademark Office. A patent right is a document that cannot be obtained from any institution within the borders of Turkey. The duration of protection granted by the Turkish Patent and Trademark Office for any invention is approximately 20 years. So, if the owner of an invention wishes to extend the protection beyond 20 years, they must make some improvements to the invention and reapply for a patent for those features.
To obtain a patent right and provide protection for an invention with a patent certificate, it is advisable to conduct a preliminary search by a patent attorney, preferably with a power of attorney granted by the applicant. If, as a result of this preliminary search, it is determined that the invention is new and unique, a patent specification should be prepared by the patent attorney, including details of the invention and technical drawings. Once this specification is prepared, it is sent to the person who created the invention.
After this stage, the person who created the invention carefully reviews the information in the specification. They may make additions, deletions, or adjustments in areas they deem necessary and send it back to the patent attorney. If the patent attorney and the inventor agree on the final version of the specification, an application can be made to the Turkish Patent and Trademark Office with this specification.
When a patent document is obtained, in this case, no one except the applicant can use the invention without permission. All rights related to the invention, such as production, marketing, sale, or distribution, are considered to belong to the applicant. In case the invention is used without permission by others, the applicant always has the right to file a lawsuit against those who use the invention without permission.
Additionally, a patent is not a document that can be used for every invention. For example, technical developments related to the field of medicine and health fall outside its scope. Geographical discoveries cannot be accredited either. To obtain a patent for an invention, the design must have different utility benefits. It is not possible to obtain a patent for a product that resembles a wheel simply by giving it a different name. In this regard, only a new, original, useful, and commercially viable product can be eligible for a patent. Discoveries in basic sciences such as mathematics and physics, positive developments in medical science that benefit human life, and literary works fall under copyright protection. Only new imaging devices in the field of medicine or a new telescope with the ability to see distant objects can be eligible for patent rights.
A patent right is an official document that determines the identity of the inventor of a disclosed invention and who holds the rights to use the product. Any person who holds a patent right for an invention can produce, use, and sell the invention within the time frame specified in the Industrial Property Law. Furthermore, there is no objection to the inventor deriving commercial gain from this invention. Unauthorized use, sale, or production of the invention by someone other than the inventor without permission is legally considered an offense. The rights of the patent holder are protected by laws in this regard. As a result, there are some incentives related to patent rights, which can be listed as follows:
Innovation becomes a crucial key to commercial success, allowing companies to stay ahead in competition. However, research and development can often be a time-consuming and costly process. If a competitor can use a similar invention as soon as it's launched, it can render all efforts meaningless. This is where the concept of patent rights comes into play. Patent applications, especially utility model registrations, highlight the importance of keeping your invention confidential from competitors before applying for a patent. Once granted, a patent provides a monopoly, preventing others from using the invention for up to 20 years. Therefore, being a patent holder today can maximize the commercial advantages by preventing others from using the invention without permission.
You always have the freedom to use your own invention without obtaining a patent. Whether or not there is a patent, you may have usage rights to your own invention. However, to ensure that others do not have usage rights over your invention, it is essential to obtain a patent. Without a patent, preventing the copying of your invention by others can be very challenging. Consequently, there are three types of patents, which can be listed as follows:
Utility Model Registration: A utility model protects all functional aspects of an invention and can be used to provide inventors with control over how their devices are used, when they are used, and for what purposes. Useful patents encompass machines, various processes, and chemical compositions that offer new solutions to everyday problems.
Examined Patent: Examined patents have a validity period of 20 years and undergo a detailed examination process, which results in longer approval times.
Unexamined Patent: With a validity period of 7 years, unexamined patents go through a less detailed examination process, leading to shorter approval times.
There are documents required to obtain a patent. First, the patent application fee must be paid, and then some documents need to be compiled. These documents include:
If you have an invention and you want to prevent it from being used for malicious purposes by others, you can apply for a patent to the Turkish Patent and Trademark Office (TPMO).
When it comes to protecting an invention and securing patent rights, it is essential to smoothly navigate the necessary procedures. Having a dedicated firm that takes care of these details and closely monitors the process can provide various advantages. In this regard, Alkan Patent, where you can find a commitment to quality service, offers rational solutions that save both time and money when it comes to patent registration. With years of experience and a deep understanding of all the obligations that come with protecting your rights, Alkan Patent continues to be the go-to destination for quality service. For more detailed information on this matter, please visit our website.
