Patent

A patent gives the owner of an invention the right to prevent others, for a limited period, from making, selling, using or importing it without consent. In Turkey, patents are granted by the Turkish Patent and Trademark Office (TÜRKPATENT) under the Industrial Property Law No. 6769 (IPL).

Patentability Requirements (IPL Articles 82–83)

• Novelty: The invention must not form part of the state of the art made available to the public anywhere in the world before the filing date.
• Inventive step: The invention must not be obvious to a person skilled in the art.
• Industrial applicability: The invention must be capable of being made or used in any kind of industry, including agriculture.

Excluded Subject Matter

Discoveries, scientific theories, mathematical methods, aesthetic creations, business methods, presentations of information and computer programs as such are not inventions. Patents are also not granted for inventions contrary to public order or morality, plant and animal varieties, or methods of diagnosis and treatment applied to the human or animal body.

Application and Examination

The application includes a description, claims, an abstract and, where needed, drawings; the claims define the scope of protection. TÜRKPATENT issues a search report and applies an examination system: a patent is granted only after a positive examination report. Protection abroad can be pursued through the Patent Cooperation Treaty (PCT) or the European Patent Convention.

Term and Fees

A patent lasts twenty years from the filing date and cannot be extended. Annual fees must be paid to keep it in force. The owner is also expected to work the invention; compulsory licences may arise for unused patents.

Related Terms

For faster protection without the inventive step requirement see Utility Model. For inventions by employees see Employee Invention. For allowing others to use a patent see Licence Agreement.