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PATENTS
Patentable Inventions
Inventions, which are novel, surpass the State-of-the-Art and
applicable in industry, shall be protected by patents.
Non-Patentable subject matter and inventions
The following, not being inventions as of their nature, shall remain
outside the scope of the patent protection.
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Discoveries, scientific theories, mathematical methods;
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Plans, methods, schemes/rules for performing mental acts, for
conducting business/trading activity, and for playing games.
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Literary and artistic works, scientific works, creations
having an esthetic characteristic, computer programs.
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Methods involving no technical aspect, for collecting,
arranging, offering/presenting and transmitting information/data.
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Methods of diagnosis, therapy and surgery applying to human or
animal body.
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Patent shall not be granted for inventions in respect of
following subject matter.
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Inventions whose subject matter is contrary to the public
order or to morality as is generally accepted.
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Plant and animal varieties/species or processes for
breeding/plant or animal varieties/species, based mainly on
biological grounds.
Who can file a Turkish patent/utility model application?
The Protection conferred by Turkish Patent Legislation is available
to natural and legal persons who are domiciled or who have
industrial or commercial establishments within the territory of the
Republic of Turkey, or to the persons entitled to file applications
under the provisions of the Paris Convention and Agreement
Establishing World Trade Organization..
Reciprocity principle can also apply.
Language of the Turkish patent application
The description and claim(s) may be filed in English, French and
German simultaneously with the application. A term of one month and
additional three months shall be given for translating them into
Turkish. For the filing of the corresponding Turkish translation,
the related fees shall be paid.
Patent Right
The right to a patent shall belong to the inventor or to his
successor in title and shall be transferable.
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Where an invention has been made jointly by more than one
person, if not foreseen otherwise by the parties, the right to
request a patent shall belong to them jointly.
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Where an invention has been made independently by several
persons at the same time, the right to a patent shall belong to
the person who has filed the first application or who can claim an
earlier priority right on others.
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The person who is the first to apply for a patent shall be
vested with the right to request the patent until proof to the
contrary is established.
Unity of the Invention
The application for patent consists either of one
single invention or of a number of inventions realized around a
principal inventive idea of general nature and related to each other
by said principal inventive idea.
Applications not conforming to Paragraph one, are divided into
divisional applications. Each divisional application shall have the
same date of filing as the initial application provided that their
subject matter remains within the scope of the same. Where priority
is claimed for the initial application, each divisional application
will benefit from the priority right or rights claimed for the
initial application.
Disclosures not affecting Patentability
In the circumstances hereunder cited, disclosure of information
which otherwise would affect the patentability of an invention
claimed in the application shall not affect the patentability of
that invention where the information was disclosed, during the 12
months preceding the date of filing or, where priority is claimed,
the date of priority of the application:
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by the inventor,
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by an office when the information was contained
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in another application filed by the inventor and which
application should not have been disclosed by the office, or
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in an application filed without the knowledge or consent of
the inventor by a third party which obtained the information
directly or indirectly from the inventor, or
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by a third party which obtained the information directly or
indirectly from the inventor.
Use Requirement
The patentee or the person authorized by him is
under obligation to put to use/work, the invention under patent
protection. The obligation to put to use/work must be realized
within three years as from the date of publication in the relevant
bulletin of the announcement related to the issue of the patent.
Market conditions are (to be) taken into consideration when/for
assessing use/working.
Evidence of Use
The patentee or the person authorized by him
shall prove his use of the invention by an official certificate to
be filed before the Institute.
Term of a Patent
A patent right shall terminate upon:
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expiry of the term of protection;
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surrender, by the holder of a patent, of the patent right;
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non-payment of yearly annuities and additional fees, within the
prescribed time-periods.
Patent-of-Addition
The right holder of a patent or an application
for a patent may apply for a patent-of-addition for protecting
inventions, have unity with the subject matter of the main patent
and which improve or develop the invention, subject matter of the
main patent.
Until the date when the decision to grant the patent is reached,
applications may be filed for patent(s)-of-addition to an
application for patent, even when the same is not accepted to issue
as a patent.
Surpassing the State-of-the-Art (involving inventive step) does not
apply to patent(s)-of-addition.
Designation of the Inventor
The name of the inventor shall be indicated in
the letter's patent. The inventor shall have the right to request
from the applicant or the patentee to be indicated as the inventor
in the letter's patent.
Obligation to Indicate in the Application the Inventor
The inventor shall be indicated in the
application. Where the applicant is not the inventor or the sole
inventor, the applicant shall declare in the application how he has
acquired, from the inventor or inventors the right to apply for a
patent.
Where the inventor is not mentioned or no declaration is made as to
how the applicant acquired the right to apply for a patent, the
examination of the application shall not be initiated.
Utility Model Certificates
Utility model applications may be filed and these
applications are not subject to novelty search (State of the Art) or
Substantive examination, unless requested by the applicant.
Inventions Protected by Granting Utility Model Certificates
Inventions which are novel and applicable in
industry shall be protected by grant of Utility Model Certificate.
Inventions and subject matter non-patentable by Grant of
Utility Model Certificate
No Utility Model Certificate shall be granted for processes and
products obtained by such processes and for chemical products.
Form and Term of Protection
The holder of a utility model certificate
benefits from the same protection conferred to the patent holder.
The Utility Model Certificate is granted for a period of 10 years as
from the date of filing of the application. This term shall not be
extended.
Certificates-of-addition to utility model certificates shall not be
granted.
Annual maintenance fees
Annual fees are due for patent and utility models
and for the applications as well. The due date is the application
day and month of every year. For secret patents annuity payment is
not due.
Grace Period - There is a grace period of 6 (six) months during
which the missed annuity can be paid with a fine. Failing to pay the
annuities causes the patent or application to be declared invalid.
Non-payment of yearly annuities for reasons of
force majeure
Where a patent right terminates for non-payment of yearly
annuities; with the holder of the patent bringing evidence of force
majeure for reasons of which the said fee could not be paid, the
patent shall be revalidated.
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