Patent Registration in Turkey

9 Benefits of Patent Registration in Turkey for 2022

“Recently, I have invented a pharmaceutical product in Turkey which has great health benefits. I am looking forward to obtaining a patent registration in Turkey. However, before moving forward, I want to know if there are any benefits of having a patent in Turkey and what if I can get any benefits in case someone violates my rights over the invention”.

Is the same question troubling you? If yes, here we have discussed 9 benefits of patent registration in Turkey(Warning: this will prompt you to apply for a patent ASAP).

Take a look!

Introduction

A patent protects the new inventions from being infringed for a certain period. If the inventor obtains patent protection for his invention, he can sell, make, use or import the products to the commercial market without fearing infringement. 

Not every invention is patentable in Turkey. A patent can only be granted if it qualifies the following criteria according to Article 82/1 of the Industrial Property Code (IPC):

  1. Novelty (If the invention is not mentioned anywhere in the world)
  2. Inventive Step (If the invention is not obvious or common to the expert in that particular field)
  3. Must be capable of industrial application (The invention must be able to manufacture again in the industry)

The term of protection of the patents obtained without an examination is seven years. In contrast, if the patent is obtained after a thorough examination and granted by the Turkish Patent and Trademark Office, it is 20 years.

Nowadays, many new inventions are developing in Turkey. Therefore, the protection of the inventions is necessary to protect the inventor’s rights to sell or use the invention and prevent any infringement by the other inventors. Thus, it is necessary to understand the benefits of having a patent in Turkey.

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Advantages of Patent Registration in Turkey

Following are the advantages of obtaining a patent in Turkey:

  1. The patent application process is easy in Turkey compared to other countries as you can file a patent application directly to the Turkish Patent office.
  2. A patent gives the inventor the right to prevent others from selling, using, and manufacturing their inventions without prior consent from the inventor.
  3. In Turkey, an inventor gets the protection term in two ways: with or without examination. Even if the patent is obtained without an examination, it still provides seven years of protection. 
  4. The term of patent protection will keep the other inventors at their edge and prevent them from taking any actions for that particular period.
  5. The cost of obtaining a patent is comparatively lower than in other foreign countries.
  6. The inventor can use the invention for himself in whatever way he wants.
  7. Most importantly, the patent generates revenue as you can easily license your invention to others to use or sell the patent, which can eventually become a good source of income for your business.
  8. Turkish patents are enforceable in over 130 countries worldwide.
  9. In case of urgent matters of patent infringement, a fast-track procedure is available in Turkey. Any creator who files an infringement case under Article 41 of the IPC can ask before the court for a preliminary injunction if there’s proper documentary evidence of the invention’s ownership or the invention’s use by the right holder. Further, the request for a preliminary injunction is reviewed promptly in case of the fast-track procedure of patent infringement cases. 

Remedies in Patent Infringement Cases Available in Turkey

In Turkey, if a patent infringement action is brought against the inventor, then the following remedies are available:

  1. The court will pass an order against the person who infringes the inventor’s rights by preventing him from selling, manufacturing, importing, or exporting the infringed products.
  2. The court may order to remove or destroy the infringed products.
  3. The rightful patent holder has the right to claim damages, whether monetary or non-monetary.
  4. After a thorough examination and analysis, the court renders its decision. 

Conclusion

Patent laws differ in different countries, and so do the benefits of the same. Turkish patents can only be granted if certain criteria outlined in Turkish patent laws are met. The Turkish patent laws provide enormous benefits to the patent holder and the right to claim remedies in case of infringement. Also, in Turkey, the applicant doesn’t need to go through a complex and time-consuming process to obtain patent protection compared to other foreign countries, which is a crucial benefit, especially if the applicant has filed an international application.

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