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, there are also its benefits such as being subject to license agreements, strengthening the image of the company and contribution to intellectual capital. But basically, the main reason for having a patent is to prevent unauthorized production and sale of the product subject to the patent.
In case of imitation of the production method or systems of the patented product, there are sanctions under the laws. This sanction power is defined in Industrial Property Law No. 6769 and related trade laws in Turkey. However, in order to implement these sanctions, it is necessary for product, production method or systems that are alleged to be truly counterfeit or similar to include the elements defined in the patent. For this, patent infringement of the alleged product, production method or systems should be compared and analyzed for patent infringement.
Patent infringement analyzes may be used in decision making before a patent case or as an expert report in a patent case. From a neutral perspective, patent infringement analysis requires detailed examination of patent by attorneys who have engineering origin, by examination of products, production methods and systems that are claimed to be counterfeit, analysis of whether it is a counterfeit by making a comparison afterwards.
KORDINAT also cooperates with legal expert patent attorneys working with patent attorneys originating from the industry in patent infringement analysis. KORDINAT has undertaken ambitious studies about patent infringement analysis in Turkey with patent attorneys acting as official experts intellectual and industrial rights courts in Istanbul.
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OUR PATENT SERVICES
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,