PATENT

The “patent” word originates from the Latin. It means “openness” or “to find a technical solution for a technical problematic”.

The Patent is a certificate of invention, grants the inventor the property rights of the product or invention. Also the patent, affords immunities (or protection) over selling, marketing, producing or licensing of the product to the owner.

Holding an important place in the Intellectual and Industrial Property Rights, The Patent Right is about an immaterial good which is used to transfer technology. All machines, tools, devices, chemical formulations and actions or any methods of production are under the protection of Patent.

The legal arrangements aim either protection, encouragement of invention, innovation and creative intellectual activities or putting technical solutions obtained through inventions into industrial practices. So, the technical, economical and social advance accomplished through the patents and their applications. Even the higher numbers of patents in developed countries, supports this approach.

Protection of inventions through Patent is to,
Recognize the intellectual productivity,
Encourage the invention,
Reward the inventor,
Generalize the use of technical knowledge by making public the research and development results.

Patent is done by governmental or autonomous enterprises which are generally expected to be excelled internationaly. Varying according to the Patent giving enterprise, the requirements of patenting are as follows.

CRITERIAS FOR A PATENT

1-INNOVATION: The invention should not been made public in written, verbal or any other ways in 12 months along before the application.

2-INDUSTRIAL APPLICABILITY: The invention is expected not to be utopic but applicable into the industry and the production is expected to start in 4 years along after the application date.

3-THE INVENT STEP (BEING DIFFERENT FROM COMMON Techniques): The invention should be different from common techniques and generate a new way which any expert could not easily bring up. This criteria is required to obtain a patent, but not mandatory fort the Utility Model Document which is also given by Turkish Patent Institute and provides protection under different conditions.

 

WHICH OF THE INVENTIONS CANNOT BE GRANTED BY A PATENT?

Discoveries, scientific theories, mathematical methods
Plans, procedures and rules of mental, commercial or game activities.
Literary or artistic works, scientific works, aesthetic creations, computer software. On the other hand; if a use of computer program with a machine provides advanced technical support, it is possible to patent the machine and the computer program together. (For example, the automation system of a hospital, the software of a textile machine can be patent together with the machine.) Here are some examples of the patents granted with software :

Methods for reminding TV programs
Methods for Airborne Software Update
Methods for scanning channel
Word-based searching methods
Centralized encryption systems or methods of high encryption flow
Procedures for simulation of communication networks and systems, any computer programming product or any object used for this
Methods, devices or software programs evaluating and/or processing Multimedia Messaging Service (MMS) messages
Systems providing an election of multiple customers for a shoe producing and selling factory.

Procedures without a technical aspect for collecting, arranging, presenting or transmitting the knowledge
Surgical or treatment methods implemented on human or animal bodies, diagnostic procedures about human and animal bodies
Inventions against public order or public morality
Plant and animal species or plant or animal breeding methods significantly based on biological principles.

TYPES AND PERIODS OF PATENT PROTECTION

Patent and Utility Model Protection periods are different.

1-Protection period of patent with search is 20 years from the date of application.
2-Protection period of patent without search is 7 years the date of application.

3-Protection period of utility model is 10 years from the date of application.

After the close of the term, patent and utility model are going to belong to public.

TRADEMARK REGISTRATION

According to the Decree Law No.556 concerning the protection of trademarks, a trade is defined as follows: A trademark is any name, word, letter, numbers or any form or packages that can be displayed by drawing or any signs that can be predicated in similar ways, broadcasted or duplicated by printing, which is used to distinguish the goods and services of an enterprise from another’s.

Legal Sanctions

The Law No.4128 dated 03.11.1995 evaluated the unauthorized uses of recognized exclusive rights of the owner as infringement and granted the authority of the owner with the sanction of law and criminal cases. Prevention or removal of rape, compensation and satisfaction are envisaged in legal cases, while deterrent fines and jail sentences with the closure of workplace and debarred from commerce are envisaged in criminal cases.

Depending on the nature of the offense;
1 – These crimes shall be punished up to three years in prison and a criminal fine up to twenty thousand days.
2 –The workplace shall get closed for not less than one year and debar ration from commerce along this duration shall be executed.


The trademark you want to use can be the same as your company’s name or be a different one. To give an example, while your company’s name is TURUNCU, you can register RANDOM as a trademark of your TURUNCU Company.

Trademark registration is required to avoid other private or legal entities to use your trademark and to grant using your trademark with all rights. The duration of protection is 10 years from the date of application. This duration can be renewed for limited times and may be continued by inheritance.

At the present day, a trademark is not yours unless you register it.