To protect your ideas and prevent malicious individuals from gaining unfair profits, it is necessary to file for a patent. This way, you legally safeguard your invention. A patent grants you rights to reproduce, distribute, and commercialize a product or idea, allowing you to protect your invention. However, it is not possible to obtain a patent for every idea or invention.
If you have a new idea or an invention, you may want to commercialize it to make money. However, when you share your product with the public, your competitors, along with potential users, will become aware of this idea. Additionally, the potential for significant financial gains from your invention will also attract the attention of malicious individuals. In such situations, imitations and counterfeit versions of your invention may start appearing in the market. The best precaution to take in this regard is to obtain a patent. But is it possible for every invention to be patented? Will every application you make result in a positive outcome? In the continuation of our article, you can find out which products can be patented and the points to consider during the application process.
For an invention to be eligible for a patent, it must meet specific requirements. One of the most important requirements for these inventions is that they must be new. Additionally, to obtain a favorable outcome for your patent application, it must also meet the requirement of inventive step. Furthermore, your invention must be industrially applicable.
Being new means that your invention should not have existed anywhere in the world before. This implies that your invention has been produced using a new technique. The inventive step requirement entails that the technique used in the invention cannot be obvious to experts in the field and should exhibit non-obvious characteristics. Finally, the invention must be industrially applicable, meaning it can be used or produced in all branches of industry.
When applying for a patent for an invention, it should be examined whether the three conditions mentioned above are met. If these three conditions can be met, a patent can be obtained for the invention. Some inventions, however, cannot be patented. So, which inventions cannot be patented?
The conditions that determine whether an invention can be patented or not are defined by law. Article 82 of the Industrial Property Law specifies which inventions cannot be patented. In the third paragraph of this article, it is stated that some inventions cannot be patented under any circumstances.
There are certain reasons why an invention may not be granted a patent. These reasons can be listed as follows:
If you have an idea, the first thing to do is a patent search. At this stage, it is determined whether the idea has been previously conceived by others and whether this invention is new. The patent search process can be conducted online in a practical manner. However, patent searches and trademark searches, among other procedures, are often confused. This confusion leads to many misunderstandings and negative outcomes. Therefore, working with an expert during the patent application process will yield much better results.
During the patent search process, an expert in the field will examine your idea according to patent search criteria. At the end of this examination, a detailed report will be provided by conducting a search. During the patent search process, it is determined whether your invention meets the requirements for obtaining a patent. After the search, a patent application letter and a description explaining the invention are prepared.
During patent searches, there are many details to consider. Overlooking even a minor detail or making the slightest mistake during these processes can lead to various legal issues. Therefore, seeking assistance from an expert when applying to the Turkish Patent and Trademark Office is crucial.
There are several factors to consider when making a patent application. Firstly, it is essential to conduct a thorough examination to determine whether a similar product exists before making the application. If someone else has previously obtained a patent for a similar invention, your application will be rejected. This means that a lot of your expenses and efforts will go to waste.
The owner of an invention should pay attention to which country or countries they intend to use the invention in before making an application. Legislation can vary in the countries where the invention will be used. It is necessary to examine whether the invention complies with these regulations.
The fact that the invention has not been previously patented and does not exist in the world can create doubts about providing all the necessary details during the application. However, it should be noted that many inventors, due to this concern, do not fully describe their invention, which reduces their chances of obtaining a patent. Ensuring clarity about the patent is a necessity. Therefore, during the application, you should provide clear and concise statements about your invention.
If you have an invention or an idea, making a patent application as soon as possible will be advantageous for you. Keep in mind that someone else can discover your idea at any time and submit a patent application before you do. Working with an expert is essential for your patent application to be approved in a short time. At Alkan Patent, we are with you throughout the entire application process. This ensures that all steps are taken correctly and efficiently, eliminating the need for you to search for answers to questions like "how to apply for a patent."
By contacting us, you can obtain detailed information about patents and start monetizing the products you have patented, benefiting from legal protection right away.
