Patents & Utility Models
A utility model grants the owners of inventions that are new in Türkiye and worldwide and industrially applicable the right to make and market the product that is the subject of the invention for a certain period (10 years).
Obtaining a utility model certificate is more advantageous than obtaining a patent in terms of both time and cost. The simple and inexpensive procedure for obtaining utility model protection was intended to encourage, in particular, small and medium-sized manufacturers and research institutions in Türkiye to make inventions and apply them in industry.
A utility model can be granted for all products with a technical advance that could be the subject of a patent, except chemical substances and processes. It is a system that can be recommended in Türkiye, especially for SMEs and for inventors who want to protect the new products they have developed at a lower cost. The applicant decides whether to use the patent or the utility model application system for an invention. The most important point in a utility model application is that applications should not be filed for products that are not new. Even if a utility model certificate is obtained for a product that is not new, the certificate may be invalidated by a court if third parties can prove that the product is not new.
Requirements for the grant of a utility model certificate
a) Novelty: An invention that is the subject of a utility model application is not new if, before the filing date, it was disclosed to the public in Türkiye or anywhere in the world in writing or in any other way, or was used locally or nationwide. Patent or utility model applications filed in Türkiye before the filing date of the utility model application destroy the novelty of the invention concerned, even if they are published after that filing date.
b) Industrial Applicability: An invention is considered industrially applicable if it can be made or used in any branch of industry, including agriculture.