“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 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 new inventions from being infringed on 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):
- Novelty (If the invention is not mentioned anywhere in the world)
- Inventive Step (If the invention is not obvious or common to the expert in that particular field)
- 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.
What Cannot be Patented in Turkey?
It is important to note that not everything is capable of obtaining a patent in Turkey. There are some things which are not considered as inventions, and hence, are not capable of obtaining a patent. These are:
- Scientific theories, discoveries, and mathematical methods/equations.
- Rules, plans, and methods related to mental acts, game activities, and business.
- Computer programs
- Artistic and literary works, creations with aesthetic characteristics, and scientific works
- Information delivery
However, please note that artistic, literary and other creations are subject to copyright protection not patent protection.
Further, there are some things, which even though are considered inventions, however, they are not capable of obtaining a patent. These are:
- Inventions which violate morality and public order.
- Treatment methods, including surgical and diagnosis methods for human and animal bodies.
- Biological processes for animals and plants breeding
- Gene sequence or any discovery of an element of human body
- Human cloning procedures, or human genetic code modification procedures.
Advantages of Patent Registration in Turkey
The following are the advantages of obtaining a patent in Turkey:
- 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.
- A patent gives the inventor the right to prevent others from selling, using, and manufacturing their inventions without prior consent from the inventor.
- 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.
- The term of patent protection will keep the other inventors at their edge and prevent them from taking any actions for that particular period.
- The cost of obtaining a patent is comparatively lower than in other foreign countries.
- The inventor can use the invention for himself in whatever way he wants.
- 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.
- Turkish patents are enforceable in over 130 countries worldwide.
- 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.
Procedure for Obtaining a Patent
The Turkish Patent and Trademark Office (TPTO) analyzes applications for patent protection. These applications are published within the Official Bulletin, and oppositions against the patent are accepted till 6 months from the publication date. Objections are mainly accepted on the following 3 grounds:
- The patentability conditions are not fulfilled by the patent subject matter.
- The invention has not been sufficiently disclosed.
- The patent subject matter exceeds the scope of the application.
The oppositions are duly noted, and the patentee is provided with a period of 3 months to provide their comments on the oppositions or make the necessary changes. Eventually, the Re-examination and Evaluation Board re-evaluates the comments and changes made and decides whether the patent should be granted.
If granted, patent protection is provided to the patentee for 20 years from the date of the application. It is not possible to renew the protection, considering that the invention goes directly into the public domain after the expiry of the patent term.
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:
- 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.
- The court may order to remove or destroy the infringed products.
- The rightful patent holder has the right to claim damages, whether monetary or non-monetary.
- After a thorough examination and analysis, the court renders its decision.
Conclusion
Patent laws and patent validation 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. 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.
If you are considering patenting your invention or are unsure what protection it will provide to your subject matter, and in what jurisdiction, it’s highly recommended that you connect with an experienced IP lawyer who can provide you with information and assistance.
Read our insightful blog on immigration from Turkey to Norway at LegaMart for valuable information and guidance. Click here to dive into your next journey.
