How to Get a Patent?

How to Obtain a Patent - What is a Patent?

A patent is a legal protection document that grants the owner of an invention the right to produce, use, sell, or import it for a specific period. This right is typically granted for 20 years and prevents others from using the invention without permission during this time. Patents are an essential tool for protecting technological innovations and provide inventors with a competitive advantage.

To apply for a patent, the invention must be new, industrially applicable, and involve an inventive step. New inventions that have not been disclosed or used anywhere before can receive patent protection. Industrial applicability means the invention has a practical use. Additionally, the invention must present an innovation that cannot be easily predicted by existing technical knowledge.

Patents encourage innovation while ensuring that technical knowledge is shared with the public, thereby supporting long-term knowledge dissemination.

How to Obtain a Patent - Required Conditions?

Three fundamental conditions are required to obtain a patent:

1. Novelty (Requirement of Being New): The invention must not have been disclosed, used, or commercially sold anywhere globally before the application date. It must remain unpublished until the application is submitted.
2. Inventive Step (Requirement of Being Innovative): The invention must include an innovation that is not easily anticipated by someone skilled in the relevant field. It should clearly distinguish itself from existing technical knowledge and provide a significant creative contribution.
3. Industrial Applicability: The invention must be practically manufacturable and usable in the industry. It must offer an applicable solution rather than being a theoretical discovery.

Inventions meeting these criteria can be protected by applying to patent offices. A patent provides the inventor with exclusive rights for a specific period, preventing unauthorized use by third parties.

How to Obtain a Patent - Non-Patentable Topics?

Non-patentable topics are usually those not considered inventions or failing to meet specific criteria. Here are the main elements that cannot be patented:

1. Discoveries and Scientific Theories: Discoveries in nature or scientific theories that exist without human intervention cannot be patented. For example, discovering a natural substance is not patentable.
2. Mathematical Methods: Abstract mathematical methods, formulas, or algorithms cannot be patented. However, they can become patentable if combined with a device or process.
3. Literary and Artistic Works: Novels, paintings, music, and similar works are protected under copyright, not patents.
4. Human Cloning and Genetic Methods: Human cloning, surgical methods on the human body, or procedures on human genetic material are not patentable.
5. Inventions Against Public Order: Inventions that violate societal moral rules or public order are not patentable.

What is the Difference Between a Patent and a Utility Model?

Patents and utility models are two distinct methods of protecting inventions. Patents require a high level of novelty and inventive step, provide 20 years of protection, and are typically preferred for more complex inventions. Patent applications require the invention to be entirely new, and the process is longer and costlier.

Utility models, on the other hand, are generally used for simpler and minor innovations. The inventive step criterion is lower, and protection is granted for 10 years. Utility models are processed faster, but their international validity is limited. They are advantageous for those seeking quick protection.

How to Obtain a Patent?

The steps to obtain a patent in Turkey are as follows:

1. Evaluate the Patentability of the Invention: First, assess whether your invention is patentable. Your invention must be new, involve an inventive step, and be industrially applicable. Discoveries, scientific theories, mathematical methods, and inventions against public order cannot be patented.
2. Conduct Preliminary Research: Check whether your invention has already been patented by using the database of the Turkish Patent and Trademark Office (TÜRKPATENT) or international patent databases. This reduces the likelihood of rejection.
3. Prepare the Application File: When applying for a patent, prepare documents including the technical description, specification, claims, and drawings explaining how the invention works. The specification must be detailed and complete as these documents ensure the protection of the invention.
4. Submit Your Application to TÜRKPATENT: After preparing your documents, you can submit your application to TÜRKPATENT. Applications can be made online. You need to pay the application fee during this process.
5. Request a Research Report: After applying, TÜRKPATENT will prepare a research report to determine the patentability of your invention. This report includes an evaluation of the novelty of your invention and compares it with existing technical knowledge.
6. Proceed to the Examination Process: After the research report, an examination is conducted to evaluate whether the invention is patentable. The applicant may respond to deficiencies or objections noted in the examination report.
7. Patent Decision: At the end of the examination process, if TÜRKPATENT decides that the invention is patentable, the patent right is granted. If the invention is not approved during the examination process, the application is rejected.
8. Pay Annual Fees: After obtaining a patent, annual fees must be paid throughout the protection period. Failure to pay these fees may result in the termination of the patent right.

Obtaining a patent in Turkey can be time-consuming due to the application and examination processes, but it is essential for legally protecting your invention.

How to Obtain a Patent – Required Documents

When applying for a patent in Turkey, the following documents must be submitted through the online system:

1. Online Application Form: This is the form that must be filled out through the online system of the Turkish Patent and Trademark Office (TÜRKPATENT). It contains basic information about the inventor and the invention.
2. Specification: This document explains in detail how the invention works and its innovative aspects. It is uploaded electronically through the system.
3. Claims: These are the requests defining the technical features of the invention that are sought to be protected. They are added to the system during the online application process.
4. Summary: This document provides a brief description of the invention and is published in the patent bulletin. It is also uploaded to the online system.
5. Drawings: Drawings used to explain the technical details of the invention are added to the system along with the specification.
6. Application Fee: The application fee can be paid online by credit card. Alternatively, payments can be made through a bank.

Applications can be made entirely online by following these steps.

How to Obtain a Patent – Application Institutions

In Turkey, patent applications are made to the Turkish Patent and Trademark Office (TÜRKPATENT). In Europe, those seeking protection can apply to the European Patent Office (EPO) to obtain patent protection in many European countries with a single application. For international protection, applications are made to the World Intellectual Property Organization (WIPO) under the Patent Cooperation Treaty (PCT). PCT applications give applicants the opportunity to enter the national phase in more than 150 countries. National applications must be made directly to the respective national patent offices for each country.

What Research Should Be Conducted Before a Patent Application?

Before submitting a patent application, certain research must be conducted to ensure the novelty and patentability of the invention. Initially, patent databases should be searched to check whether the invention has been patented or disclosed before. This research can be conducted using the databases of the Turkish Patent and Trademark Office (TÜRKPATENT) or international databases. Additionally, existing technical literature, articles, and industry reports in the relevant sector should be reviewed. This helps assess whether the invention differs from existing technical knowledge and increases the chances of patent approval.

How Does the Patent Application Process Work?

The patent application process in Turkey consists of the following steps:

1. Application Preparation: The specification, claims, summary, and drawings (if any) of the invention are prepared. The technical details of the invention and the aspects to be protected are explained in full detail.
2. Application to TÜRKPATENT: All documents are uploaded to the online system of TÜRKPATENT, and the application form is filled out. The application fee is paid online.
3. Formal Examination: After submission, TÜRKPATENT examines whether the application meets formal requirements. If there are deficiencies, the applicant is notified and requested to make corrections.
4. Research Report: Upon request by the applicant, TÜRKPATENT prepares a research report to evaluate the novelty and patentability of the invention. This report compares the invention with existing technical knowledge.
5. Examination Request: Following the research report, the applicant can request an examination. During the examination stage, it is determined whether the invention is patentable.
6. Publication Process: The research report is published, and the invention is open to objections for three months. During this period, third parties may file objections.
7. Patent Grant: If deemed appropriate following the examination, the patent application is approved, and the patent right is granted.
8. Annual Fees: After obtaining the patent, annual fees must be paid.

How Long Does the Patent Approval Process Take?

The patent approval process varies depending on the office where the application is made and the complexity of the process:

1. Turkey: The patent process at the Turkish Patent and Trademark Office (TÜRKPATENT) typically takes 2 to 4 years from application. This duration depends on the research report and examination request. Utility model applications are resolved faster, usually within 1 to 2 years.
2. European Patent Office (EPO): Applications to the European Patent Office generally take 3 to 5 years. The EPO process includes a research report and examination stages and may involve detailed steps due to cross-country transitions.
3. PCT (International Patent Application): PCT applications take up to 30 months at the international stage. During this period, research and examination are conducted, after which the applicant can enter the national phase in the selected countries. The national phase examination in each country may take several additional years.
4. Other National Applications: Depending on the country, patent applications generally take 2 to 5 years. Each country's own examination and objection processes may affect this timeline. For instance, applications to the United States Patent and Trademark Office (USPTO) are typically resolved within 3 to 4 years.

When a Patent Application is Filed, is the Invention Immediately Protected?

When a patent application is filed, the invention is not immediately protected, but temporary protection is provided as of the application date. This temporary protection may prevent third parties from using the invention after the application date, but full legal protection starts with the registration of the patent.

In Turkey, temporary protection begins with the application to the Turkish Patent and Trademark Office (TÜRKPATENT), but it becomes final once the patent is approved. In other countries, a similar process applies. For example, European Patent Office and PCT applications also provide temporary protection as of the application date, but full protection is valid only after the patent is registered.

What Happens When the Patent Period Expires?

When the patent period expires, the monopoly right over the invention ends, and the invention becomes public property. This means the invention can be freely used by anyone. There is no longer a need to obtain permission to produce, sell, import, or commercially use the invention. The patent period is typically 20 years, and after this period, the invention is made accessible to everyone without renewal or extension. When the patent period ends, the patent owner no longer holds exclusive rights, which increases market competition and promotes innovation.

How Long is Patent Protection Valid?

Patent protection is valid for 20 years from the application date. This period begins with the approval of the patent and continues provided that annual fees are paid regularly. In Turkey and most countries worldwide, the patent protection period is the same. However, it is not possible to extend the protection period. After the 20-year period expires, the patent ends, and the invention becomes public property. For utility model applications, the protection period is shorter, usually limited to 10 years.

What is the Cost of a Patent Application?

Patent application costs consist of two main components: official fees and patent attorney fees. Official fees are government charges paid to the patent office for stages such as application, research, examination, and annual renewal. Patent attorney fees are professional fees charged for the preparation of the patent, handling the application process, and correspondence with the office.

• Turkey: For a patent application made to TÜRKPATENT, the total cost, including official fees and attorney fees, is considered to be low to moderate. The cost varies depending on the complexity of the invention.
• European Patent Office (EPO): In Europe, patent applications involve higher official fees, and patent attorney fees are generally more expensive. The total cost of a patent application in European countries can range from moderate to high.
• United States: Applications to the United States Patent and Trademark Office (USPTO) involve moderate costs for both official fees and attorney fees. Particularly for extensive patent claims, attorney fees may increase.

The cost structure differs for each country, and these costs may increase depending on the complexity of the process.

Can a Patent Be Revoked?

Yes, a patent can be revoked. Patents may be invalidated or revoked under various circumstances. The reasons for revocation include:

1. Lack of Novelty: If it is proven that the invention was already known or used before the patent application date, the patent can be revoked.
2. Lack of Inventive Step: If the patent does not involve an innovation that cannot be easily predicted by someone skilled in the relevant field, it can be revoked.
3. Lack of Industrial Applicability: If it is proven that the invention cannot be practically produced or applied in the industry, the patent may be deemed invalid.
4. Application Irregularities: If incorrect or incomplete information was provided during the application process, the patent can be revoked.

Patent revocation usually occurs through objections filed by third parties with the patent office or through legal proceedings. As a result of these processes, the patent may be wholly or partially revoked.

What Should I Do to Protect My Invention Before Obtaining a Patent?

Here are the steps you should take to protect your invention before obtaining a patent:

1. Maintain Confidentiality: It is essential to keep your invention confidential before making it public. Share your invention only with trusted individuals and under confidentiality agreements (NDA).
2. Conduct Research: Research patent databases to evaluate the novelty and patentability of your invention. This helps you identify similar inventions and reduces the likelihood of your application being rejected.
3. Develop a Patent Strategy: Determine the countries where you want to protect your invention. Plan national, European, or international (PCT) applications based on the commercial potential of your invention.
4. Document Your Invention: Record the development of your invention in detail with supporting documents. This will help you prove your rights later.
5. Consult a Patent Attorney: The patent process can be complex, so getting professional support from a patent attorney ensures the process runs smoothly and helps protect your invention effectively.

These steps will help you secure your invention before obtaining a patent and support you during the application process.

What Are the Strategic Advantages of Selling Patented and Trademarked Products in E-commerce?

Selling patented and trademarked products in e-commerce provides several strategic advantages:

1. Exclusive Rights: A patented product grants its owner the exclusive right to produce and sell the invention for a certain period. This prevents competitors from copying the product, providing a monopoly advantage in the market.
2. Price Control: Patented and trademarked products can be sold at higher prices due to limited competition in the market. This increases profit margins and preserves brand value.
3. Consumer Trust: Trademarked products create trust among consumers. The reliability of a known brand makes it easier to attract customers and build a loyal customer base.
4. Protection Against Counterfeiting: Both patents and trademarks prevent unauthorized copying and counterfeiting of products. This protects brand image and provides legal advantages.
5. Market Expansion: Patented and trademarked products can be sold more easily in a wider geographic area, especially in international markets. International registration ensures secure sales in different markets.
6. Competitive Advantage: Unique and protected products make it difficult for competitors to enter the market and strengthen the brand's competitiveness.

What Are the Benefits of Obtaining a Patent?

The main benefits of obtaining a patent are as follows:

1. Exclusive Rights: The patent owner has the exclusive right to produce, use, sell, or import the invention for a specific period. This ensures a monopoly in the market and provides a competitive advantage.
2. Competitive Advantage: A patent prevents competitors from copying the same invention, giving the brand a competitive edge and strengthening the company's position in the market.
3. Commercial Opportunities: The patent owner can license or transfer the invention to generate additional income. The commercial potential of the invention increases, and new business partnerships may arise.
4. Attracting Investment: A patented invention becomes attractive to investors. An innovative and protected invention increases the chances of attracting investment.
5. Brand Value: Patents demonstrate that a company is innovative and possesses advanced technology, enhancing brand reputation and customer trust.
6. Legal Protection: A patent provides legal protection to the inventor, allowing them to take legal action against unauthorized use by third parties.

These benefits make obtaining a patent a strategic step for inventors and businesses.

Does a Patent Obtained in Turkey Have International Validity?

A patent obtained in Turkey does not have international validity. A patent obtained in Turkey only provides protection within the borders of Turkey. However, various methods can be used to protect the invention at an international level:

1. Patent Cooperation Treaty (PCT): Turkey is a member of the PCT. The PCT system allows the applicant to file a single application to make national patent applications in over 150 countries. This application does not provide direct international protection but enables protection through processes in national patent offices.
2. European Patent Office (EPO): Turkey is also a party to the European Patent Convention, allowing patent protection in European countries by applying to the European Patent Office.
3. National Applications: You can directly apply for patent protection in the countries where you want to protect your invention.

These methods ensure that a patent obtained in Turkey can also be protected in other countries.

Is It Possible to Extend the Patent Period?

It is generally not possible to extend the patent period. In Turkey and most countries, the patent period is limited to 20 years from the application date, and extending this period is not possible under normal circumstances. However, specific exceptions and regulations exist in certain sectors (particularly pharmaceuticals and agricultural chemicals) to extend the patent period.

For example:

• Supplementary Protection Certificate (SPC): In the European Union and some countries, an SPC can be obtained to extend the patent period by up to 5 years for medicines and plant protection products to compensate for the time lost during market approval processes.

Aside from this, regular payment of annual fees is required. If annual fees are not paid, the patent loses its validity. However, if the payments are made, the patent remains protected for 20 years.

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