The unitary patent system emerges as a form of patent based on the European Patent Convention, established by the European Patent Office (EPO) in February 2013. The most significant advantage offered by the unitary patent system is the ability for businesses to streamline the process, reduce costs, and accelerate proceedings by submitting a single application for patent applications and protections. The Unitary Patent was designed in 2013 with the aim of facilitating commercial transactions within the European Union and promoting innovation. This patent application, which fosters collaboration among European Union countries, simplifies the process while reducing the high associated costs. Consequently, it aims to support the European patent for small and medium-sized enterprises operating in Europe.
Applications for patents and utility models, registration, and post-registration processes, as well as legal and criminal sanctions for the infringement of these rights, are defined within the scope of the Industrial Property Law numbered 6769. In this context, inventions with commercial value are protected through utility model and patent rights to prevent them from being copied by others. In inventions where utility model and patent protection are utilized, unauthorized use of the invention by individuals other than the inventor is prevented, and the inventor can enjoy exclusive rights for a certain period.
To understand the differences between a patent and a utility model, it is essential to know what these two concepts entail. Accordingly:
According to the Turkish Patent and Trademark Office, an invention can be defined as an intellectual product that contains a technical feature for solving a specific problem in the field of technology. The most crucial point to note here is that there can be multiple solutions to a technical problem in the field of technology, and each different technical solution can be considered a separate invention.
If a person who has created a product or invention wants to protect their rights, they must apply for a patent. The most appropriate action that can be taken to prevent third parties from gaining unjust profits from the invention is to obtain a patent for the product, thereby securing their rights. To register a patent under industrial property rights, certain features must be present in the product.
For a technological invention to be patentable, according to the Industrial Property Law, it must meet the following criteria: it must be new, involve an inventive step, and be industrially applicable.
Inventive Step: An invention is considered to have an inventive step if, when considering the known state of the art in the relevant technical field, it is not obvious to a person skilled in the art. During the research report stage, the closest documents related to the invention's subject matter (documents that have been published anywhere in the world on or before the filing date of the invention, with a known date) are listed, and documents determining whether the invention has an inventive step are also listed by those documents. This examination report is then prepared after evaluating the patentability criteria (inventive step, novelty, industrial applicability).
According to the Turkish Patent and Trademark Office, a patent is an exclusive right granted to the owner for a limited time and place, aiming to prevent third parties from using, producing, or selling the invention without permission. The patent certificate signifies the availability of this right.
A utility model is defined as an industrial right concept that requires novelty and industrial applicability, similar to the conditions for patentability. Therefore, a utility model encompasses all inventions that are new and industrially applicable in Turkey and worldwide. If any product is new, not previously known to anyone, or if it brings about an innovation by improving any product, it is referred to as a utility model. Utility models entail various rights such as the right to sell, market, or use. Through the registration process, all of these rights are granted to the inventor. In this regard:
Novelty Element: Any invention that does not form part of the state of the art is considered new. According to the Industrial Property Law, an invention is considered new if it does not form part of the state of the art, and a subsequent explanation is provided regarding what constitutes the state of the art. Consequently, anything that has been disclosed or made available to the public anywhere in the world, by written or oral means or by use, before the application date, encompasses the state of the art.
Industrial Applicability: The Industrial Property Law recognizes that an invention is industrially applicable if it can be produced or used in any industrial sector, including agriculture.
A utility model certificate, when compared to a patent, is a more general document that can be obtained in a shorter period and with lower expenses.
The differences between a patent and a utility model can be summarized as follows:
One of the fundamental differences between a utility model and a patent is that while a patent requires an inventive step, this requirement is not necessary for a utility model.
Another difference is the duration of protection: a patent is protected for 20 years, whereas a utility model is protected for 10 years.
Additionally, patents can be obtained for processes, methods, and products derived from such processes, as well as pharmaceutical, biological, and chemical substances, while utility models do not offer protection for these categories.
To secure effective protection through a patent, it is necessary to obtain an examination report confirming whether the application meets the criteria specified under the Industrial Property Law. In contrast, no examination report is required for a utility model.
The cost of obtaining a utility model is significantly lower compared to a patent. Utility models are advantageous for protecting small and medium-sized enterprises and can help prevent competitors from infringing on their rights.
After filing a utility model application, a two-month period is provided to address any deficiencies. Failure to rectify these deficiencies within the stipulated time will lead to the application being deemed invalid. Requesting a search report during the application process can help prevent loss of earnings for the product owner.
For the sake of time efficiency, once a search report is published in the bulletin without objections, the registration process for a utility model proceeds within three months. In contrast, the process for obtaining a patent may take longer due to product examination.
When considering the differences between patents and utility models, it is important to note that a patent application involves preparing a dossier and submitting it to the Turkish Patent and Trademark Office. In addition to summary information, this dossier must include a specification that provides detailed descriptions of the invention or product. The specification is one of the most critical components of the application, and it should comprehensively explain all details related to the invention or product.
In conclusion, when deciding whether an invention should be registered as a utility model or a patent under the Industrial Property Law, it is essential to be aware of both similarities and differences. Both forms of registration require novelty and industrial applicability, but the key distinction is that a patent necessitates the presence of an inventive step, while a utility model does not.
Protecting all rights of an invention and preventing any unjust gains from it is possible through patents. In this regard, it is crucial for inventors and organizations to collaborate with a firm that handles all procedures and application processes for this important document on their behalf.
An expert firm not only saves time and money for the inventor but also safeguards their rights. Alkan Patent is known for its commitment to top-quality standards in this regard. With years of experience and a working principle that protects your rights, Alkan Patent is always at the forefront. To experience the assurance of Alkan Patent, you can reach out to us using the contact numbers available on our website."
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This system, which will replace separate national patents with a single application for patent protection in Europe, has the feature of providing protection with a single patent throughout all member countries. Therefore, in countries where unitary patents are registered, it will be sufficient to only file a unitary patent application instead of registering separate national patents.
The countries that have signed the treaties and will be affected by the unitary patent when an application is made can be listed as follows:
The unitary patent system has the ability to remain valid in all member countries of the European Union. However, some countries like Spain have not yet been able to join this system due to language differences. In countries that do not approve the Unitary Patent System, it becomes possible to obtain protection through traditional validation within 3 months from the publication date of the European patent. Therefore, for patent applications in some countries where the acceptance process has not yet been completed, separate national patent applications still need to be made. The application system will be finalized with the completion of the participation of countries that become full members of the European Union in a short period.
The advantages offered by the unitary patent system to patent holders can be listed as follows:
The unitary patent system serves as a crucial cornerstone in the field of patent protection. It offers inventors and businesses a unified approach to securing patent rights in multiple countries within the European Union (EU). Therefore, this system can be characterized as a bold effort within the European Union (EU) to establish a unified framework for patent protection.
The scope of the unitary patent meets expectations by providing patent holders with a centralized and modern mechanism for safeguarding their inventions, offering uniform protection in all designated EU member states. This system allows applicants to choose between obtaining a unitary patent covering all EU countries or pursuing traditional national patents in individual EU countries.
The stages of the Unitary Patent application are as follows:
Validation: Each participating European Union member country must validate the UPC Agreement within their own jurisdiction before the system becomes effective.
Establishment of the Unified Patent Court: The UPC is known as a specialized court responsible for handling disputes related to Unitary patents and traditional European Patents.
Opting In and Opting Out: During a transition period, patent holders with European Patents can choose to apply the Unitary Patent system for future inventions to avoid potential litigation under the jurisdiction of the UPC.
Unitary Patent Registration: Once the Unitary patent system is operational, applicants can choose to designate their patents as Unitary patents, providing uniform protection across all participating EU member states.
Unitary Patent Protection: Under the Unitary patent, a single patent application to the European Patent Office (EPO) is sufficient. If this application is accepted, the patent becomes a Unitary patent, providing uniform protection across all participating EU member states, currently comprising 17 countries.
Language: These patent applications can be filed in any of the three official languages of the EPO: French, English, or German. Machine translations into additional languages may be provided during the transition period to ensure accessibility.
Unified Patent Court: The Unitary patent system includes a specialized court known as the Unified Patent Court (UPC), which has exclusive jurisdiction over disputes related to Unitary patents and traditional European patents.
Opt-Outs: Patent holders can choose to opt out entirely from the jurisdiction of the UPC. This means that they can continue to enforce their patents at the national level through existing national courts if they prefer.
Renewal and Duration: Unitary patents have the same renewal and duration fees as traditional European patents. However, if the UPC is chosen for dispute resolution, a single court decision will apply to the entire patent, streamlining the legal process.
The Unitary patent system faces some challenges, including legal complexities during the validation process and concerns related to patent litigation strategies. However, ongoing cooperation and efforts among EU member states have addressed these challenges effectively, paving the way for an efficient and harmonized European patent environment.
The Unitary patent system represents a significant step toward harmonizing patent protection within the European Union. It simplifies and provides a cost-effective approach to securing patent rights across multiple countries, supporting a more efficient European patent framework. As the Unitary patent system continues to evolve, it strengthens Europe's position as a hub of innovation and a global technological force.
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