Patents in Türkiye

A patent is the inventor's right to produce, use or sell the product that is the subject of the invention for a certain period. The certificate evidencing this right is also called a patent. The “patent right”, which holds an important place among industrial property rights, is of particular interest to developing countries as a vehicle for technology transfer.

A utility model grants the owners of inventions that are new in Türkiye and worldwide and industrially applicable the right to produce and market the product that is the subject of the invention for 10 years.

The differences between patents and utility models can be briefly summarized as follows:

• A utility model does not require an inventive step over the state of the art.
• The terms of protection are different.
• No Additional Utility Model certificate is issued for a utility model certificate.
• Because there are no search and examination procedures, obtaining a utility model certificate is more advantageous than obtaining a patent in terms of both time and cost.

Utility model registration is preferred more by domestic applicants because the system is fast, practical and economical.

Both patent and utility model applications for the registration of inventions in Türkiye show a significant upward trend every year. Alongside the informative activities of the Turkish Patent and Trademark Office (TÜRKPATENT) and a number of state incentives, the contribution of patent attorney firms to this increase cannot be denied.

In 2005, 1,924 utility model applications (1,896 of them domestic) and 3,461 patent applications (895 of them domestic) were filed; in 2006, 2,456 utility model applications (2,424 of them domestic) and 5,165 patent applications (979 of them domestic) were filed. From 2005 to 2006, utility model applications rose by 27% and patent applications by 49%. As the figures show, most patent applications in Türkiye are foreign applications.

Patent and utility model applications can confront SMEs in particular with a serious financing problem. At this point, KOSGEB and TÜBİTAK provide non-repayable support for noteworthy projects.

Both the Turkish Patent and Trademark Office (TÜRKPATENT) and patent attorney firms manage innovation work swiftly. In this respect, TÜRKPATENT follows an approach parallel to that of the European Patent Office.

Before filing a patent application, the applicant is advised to apply to TÜRKPATENT or a patent attorney firm for a patent search on the technology that is the subject of the invention. A search of the state of the art enables the inventor to compare the invention with existing patents and to see the similarities and differences. The applicant gains a general idea of whether the invention is new. This reduces the likelihood that a patent application filed with knowledge of the existing technology will be refused.

Many patent attorney firms operate in the sector. However, very few of these firms have the necessary knowledge, expertise, experience and resources. Such unqualified firms misdirect their clients and provide incomplete information, and as a result their clients may suffer losses that are difficult and sometimes impossible to remedy. When choosing a patent attorney firm, companies should be guided by the quality of the service they will receive and the competence of the firm rather than by the fee they will pay. In assessing this, legal competence should be considered first, and patent attorney firms that work in coordination with a law firm should be preferred. Another problem in the sector is that a professional chamber for patent attorney firms has not yet been established.

Bilim Patent provides monitoring and consultancy services in the field of intellectual and industrial property rights. The firm's main areas of activity can be summarized as trademark registration, industrial design registration, utility model and patent registration, and consultancy on quality management systems.