Patent application is not solely submission of the values obtained as a result of an innovation activity to the patent office in an official petition for legal protection. The strong patents are needed in order to bring maximum financial gain to the company and make it superior to its competitors. Therefore, patent application is a strategically important issue that requires serious knowledge and experience and affects the company’s earning money.
First of all, the patent application decision in companies should be considered as an investment decision. If the company carries out systematic or non-systematic Innovation, R&D or New Product Development, it ultimately wants to get an added value. This added value is made for purposes such as making more sales by developing a product, production method or technology, and surpassing its competitors. If this added value is really valuable, this value has to be legally protected and it is patent which provides it. If people or companies say that they make Innovation, R&D and New Product Development, but they don’t get patents, it means that it doesn’t reveal anything valuable.
The patent applications in Turkey are made according to Industrial Property Law No. 6769 and related regulations.
A subject of an innovation (invention) may be protected by patent if it
As far as is known and new in the world,
Can be applied to industry or into practice,
Exceeds the state of the art or gives technical superiority over existing systems (if it includes an invention step).
If a work on innovation is only new and applicable to industry, but does not exceed the state of the art, this type of innovation is protected by the Utility Model. The utility model protection is also called as “minor patent” in general. Also an innovation that deserves a normal patent application can also be protected by the utility model because of the low costs or the strategy determined if required.
Prior to the patent application, the patent is searched for the invention subject to the patent. As a result of the research, if the invention is capable of obtaining patent protection, decision of patent preparation and application is made.
Generally, a patent application and registration goes through the following stages;
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The patent file consists of the description set and in the most general sense, it is a file describing the invention and defining the limits of protection. Technical information is required to prepare the patent file. On the other hand, legal formation is also required to delimit legal protection and to deal with procedures. The profession that hosts these two is the Patent Attorney.
Although individuals or companies have the constitutional right to prepare and file a patent file, especially as a result of R&D studies conducted in order to get ahead, compete or earn money in the market, preparing and applying an amateur patent file is like building a skyscraper without an engineering and architectural project! Therefore it should be remembered that a patent application is a strategic decision of the company. Preparing and applying the patent file is not just a petition to the Turkish Patent and Trademark Office. It is a business that requires strategy and to be done with knowledge and experience.
While KORDINAT offers patent file preparation and application services to its customers, it considers and examines the invention as not only limited to the information given to it, but also to its maximum benefit by considering the competition conditions of the company. While preparing the patent file, a strategy to fight future patent infringements, competition against competitors, and to maximize patent benefits is applied.
After the official application, the patent file is examined by the Turkish Patent and Trademark Office formally in accordance with the Industrial Property Law No. 6769 and its regulations. If there is a formal deficiency, the applicant is given time and asked to correct it.
According to Industrial Property Law No. 6769 and its regulations, with application or without any necessity of notification, the applicant make a research request as long as paying the fee within twelve months from the date of application. Research report is prepared by Turkish Patent according to the claims by considering the entire description. In the research report, the documents considerable on decision of that whether the invention subject to the patent application is new and whether it includes an invention step are remarked. While preparing the research report, if any, third parties' views on patentability of the invention subject to the patent application are also taken into consideration. That each document specified in the research report is related to which claims of the application and when appropriate, that which part of the document is related to the application are specified.
Upon the expiry of the eighteen-month period from the date of application or if any, precedence date, or upon the applicant's request for early publication before that time, patent or utility model application is published in the Bulletin. As of the publication of the patent application, third parties may submit their views on patentability of the invention subject to the patent application. However, such persons cannot be a party to the transactions with the Authority at this stage.
In accordance with the Industrial Property Law No. 6769 and its regulations, the applicant requests the review of the research report to be carried out within three months of the date of notification. During this period, the applicant may submit his/her views on the research report and, if applicable, makes changes on the description, claims or drawings.
If it is decided to grant the patent as a result of the review by considering the documents stated in the research report, if any, the documents identified during the review stage, if any, the opinions of the applicant and the changes made in the application, and an examination report explaining the reasons for granting the patent is prepared and this report is notified to the applicant with the decision of granting the patent. If the application and the related invention are found not to comply with the provisions of Industrial Property Law No. 6769 as a result of the review, an examination report explaining the reasons for non-granting of a patent is issued and the application is rejected, this decision is notified to the applicant and published in the Bulletin.
It is decided to grant a patent for inventions whose research and review reports were positive as a result of patent applications. After publication of the grant of the patent, if requested by the patent holder and the fee specified in the Notice is paid, a patent certificate is issued and sent to the patent holder.
Third parties can object by citing at least one of the reasons for which the previous application exceeded the scope of the initial version in case of the fact that the relevant patent does not meet the patentability requirements paying within six months since the publication of the decision to grant the patent in the Bulletin, that the invention is not sufficiently explained in accordance with the first to third paragraphs of Article 92 of Industrial Property Law No. 6769, that the subject of the patent exceeds the scope of the first version of the application, or the patent is based on a split application under Article 91 of Industrial Property Law no. 6769 or an application made under paragraph (b) of third paragraph of Article 110.
The appeals are notified to the applicant and their opinions are requested. As a result of the examination of the evaluations of objections by the Turkish Patent and Trademark Office, if it decides to continue the patent in its current form, the final decision shall be notified to the patent holder and the appellant and the decision shall be published in the Bulletin.
The patent processes given above continue for an average of 36 months. These periods may be extended according to the objection to the patent, refusal, etc. operations or the speed of transact business of the official office. In Turkey and in many countries, to prevent the patent applicant from loss of a right, patent protection starts from the date of application and temporary protection is granted. The patent protection period is 20 years. Utility model applications are usually given to smaller inventions (innovations), their research and review reports are not prepared. The appeal period is 3 months after the application is published. For these reasons, it takes 18 months for Utility Models to receive certificate. The protection period is 10 years.
Protection in both patent and utility model starts on the first application date. Therefore, applicants should not consider the date of registration, but the date of the first application made by defining a good strategy and preparing a patent file, except in exceptional cases.
KORDINAT carries out the service of attorney regarding the patent right for effective use of customers’ innovations in competition. The most basic step in the execution of this service is investigation of innovation by patent attorneys who has engineering origin and deciding which intellectual property right (patent, trademark, design, copyright, etc.) is possible to protect. The criterion in this review is that if the patent subject matter is a technical innovation, that is to say, it provides a technical advantage, possibly it is decided to be protected with patent or utility model. If innovation does not provide a technical advantage, just provides a visual advantage, the design may be protected by application or copyright.
Before patent application, it is very important to identify patent applications made in the world regarding the subject of innovation, that is to say the patent research. Since, no matter how much people or companies who are dealing with innovation dominate their subjects,
Patent application is not solely submission of the values obtained as a result of an innovation activity to the patent office in an official petition for legal protection. The strong patents are needed in order to bring maximum financial gain to the company and make it superior to its competitors.
Obtaining a patent right means that the state gives the monopoly rights to the ones who are engaged in Innovation, R&D or New Product Development activities in the production and sales of the products related to the technical subject it has developed.
According to Paris international agreement also signed by Turkey on intellectual property and TRIPS agreement of World Trade Organization (WTO), patents are protected only in the countries in which they are registered. If the patented product, production method or system will be used abroad, it is necessary to apply for patent and get protection in those countries.
Patents may be subject to all transactions about properties such as sale, leasing, inheritance, etc. The most used of these transactions in the market are license (lease) and transfer transactions. Both the applications of patents (and utility models) and the use of registered patents (and utility models)
PATENT INFRINGEMENT ANALYSIS
A patent application is primarily taken to protect an invented subject matter, that is to say that it may be legally prevented if a counterfeit of the invention arises. Of course, besides the deterrent effect of the patent against counterfeit,