A patent is an exclusive rights granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem and granted by a national patent office (Turkish Patent Institute) or by a regional office that does the work for a number of countries, such as European Patent Office (EPO).
Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.
An invention must, in general, fulfil the following conditions to be protected by a patent. It must be of practical use; it must show an element of novelty, that is, some new characteristics which are not known in the body of existing knowledge in its technical field. This body of existing knowledge is called “prior art”. The invention must show an inventive step which could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as “patentable” under law.
Novelty – an invention is not patentable if the claimed subject matter was disclosed before the date of filing or date of priority if priority is claimed.
Industrial applicability -a patent can only be granted for an invention which is susceptible of industrial application.
Inventive step and non-obviousness- inventive step and non-obviousness are requirements of a patent. An invention should be sufficiently inventive and non obvious.
“Patent right” has an important role in the industrial property rights especially for the developing countries. Before start to application process, it is also important to make sure that the invention is sufficiently different from existing technology and that it really can be patented. Marpataş provides searching services by searching the patent on product/method/chemical content/ compounds etc…. in own patent research portal which contains huge existing patent database.
A patent without examination can be protected for a period of 7 years from the filing date of the application but a patent with examination can be protected for a period of 20 years from the filing date of the application in Turkey. At the end of duration of protection it is not subject to the renewal process. The annual fees required for the protection of the patent application or of a patent shall be paid each year in advance at maturity during the full term of the protection period. Where the annual fees have not been paid within the period, they may be paid within the following six month period of maturity subjected to an additional fee. If the annual fees have not been paid within the periods, the patent right shall expire as of the last date for the payment of this fee.
Oppositions within the System for Granting Patents without Examination; third parties, may submit their objections within six months of the publication of the search. Oppositions within the System for Granting Patents with Examination; Third parties may submit their objections to the search report within six months of the publication of the search report.
Since the patent is the currency of technology and the absolute power watching service of Marpatas is directed toward alerting its clients to prosecution activities in connection with published applications as they relate to specific technologies of interest to the client or applications of their competitor.
The patent is a currency and absolute power of technology, for this reason it should be watched on regular period for not losing this power, market value and to avoid loses.
Recordal of Changes
The protection of your patent rights and to avoid infringement and misuse of your patent, all the changes such as merger, a change on the name or type of proprietor, the whole or partial transfer, an inheritance, cancellation or restriction of a patent registration must be recorded before Turkish Patent Institute.