The utility model is a system which provides protection of the novelty, not only in Turkey but also all throughout the world and industrially applicable inventions. The procedures for the issuance of a utility model certificate are much more convenient than the patent certificates in terms of time and expenses. It has been considered that the simple and inexpensive procedural proceedings for utility models may encourage especially the small and medium scale enterprises (SMEs) and research institutions to make an invention and apply such inventions to the industry. Besides, particularly today, there exists a risk for the imitation of the inventions realised by the small and medium scale industrialists by the competitors in almost the same manner. Even if an invention is small and modest, the issuance of the utility model certificate for such an invention will serve as protection of the SMEs and their perpetuation economically.
Requirements for utility models;
- 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.
Before start to application process, it is also important to make sure that the invention is sufficiently different from existing technology. Marpataş provides search services by searching the patent on product/method/chemical content/ compounds etc…. in own searching portal which contains huge database.
Utility Model protected for 10 years and this period starts from the date of filing. At the end of the duration of protection it is not subject to the renewal process. The annual fees required for the protection of the application or of a utility model shall be paid each year in advance at maturity during the full term of the protection period.
Third parties may submit their objections within 3 months of the publication of the utility model application in bulletin of Turkish Patent Institute.
Utility models must be watched against threat of imitations for especially innovations of small and middle market of companies.
Recordal of Changes
The protection of utility models and to avoid infringement and misuse of the model, 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 utility model must be recorded in Turkish Patent Institute.