What is the scope of a patent?

The holder of a patent shall benefit from the rights under it regardless of the place of the invention, the field of technology concerned and whether the products covered are imported or produced within the country.

The holder of a patent is entitled to prevent the following acts performed by third parties without his permission:

- production, sale, use or importation of patented products, or stocking for purposes other than personal needs when the subject of a patent is a product;

- use of the process to which the patent relates, offer made to others for the use of a patented process where such use is known or should be known to be prohibited, placing on sale, making use or importation, or stocking for any purpose other than personal needs, of products directly obtained by the patented process.  

Is there any kind of invention outside the scope of 551 numbered Decree Law Pertaining to the Protection of Patent Rights?

The following, not being inventions by nature, shall remain outside the scope of patent protection:

(a) discoveries, scientific theories, mathematical methods;

(b) plans, methods and rules for performing mental acts, conducting business activities and playing games;

(c) literary and artistic works, scientific works, creations having aesthetic characteristics, computer programs;

(d) methods of collecting, arranging, presenting and transmitting information that have no technical features;

(e) methods of diagnosis, therapy and surgery applicable to the human or animal body.

Furthermore, patents shall not be granted for inventions relating to the following:

(a) subject matter contrary to public policy or generally accepted standards of morality;

(b) plant and animal varieties or processes for breeding plant or animal varieties that are based mainly on biological factors.

What could be the claims of the patent owner in case of infringement?

A patent owner whose rights are infringed may apply to the court for the following in particular:

(a) cessation of the acts infringing the patent rights;

(b) remedies for infringement and compensation for material and moral prejudice suffered;

(c) confiscation of manufactured or imported products that infringe the patent rights, of means directly used for manufacturing such products and of means permitting the use of a patented process;

(d) recognition of ownership of the products and means confiscated under the third subparagraph of this paragraph, in which case the value of the products shall be deducted from the amount of compensation awarded; where the value of the products exceeds the amount of compensation awarded, the patent owner shall repay the balance to the other party;

(e) precautionary measures to prevent continuation of the infringement of patent rights, especially the alteration of the form of the products and means confiscated under the third subparagraph of this paragraph, or the destruction thereof where essential to preclude further acts of infringement;

(f) publication of the court ruling against the infringer of the patent and notification thereof, both at the infringer's expense, to the public and persons concerned.

Is it possible to invalidate a Patent?

It is always possible to invalidate a patent registration if it meets the certain criterias stated in related codes in Turkey. (Please contact us for detailed information about concerned and other related matters regarding patents and utility models.)

Who has the right to apply for a utility model certificate?

The right to apply for a utility model certificate shall belong to the inventor or his successor in title and shall be transferable.

Where the invention to be protected by a utility model certificate has been made jointly by two or more persons, the right to apply for such a certificate shall belong to them jointly, unless they decide otherwise.

What is the Form and Term of Protection in Utility Models?

The owner of a utility model certificate shall enjoy the same protection as is conferred on the owner of a patent.

A utility model certificate is granted for a non-renewable term of 10 years from the filing date of the application.

Is it possible to apply the provisions of patent protection to utility models?

In the absence of provisions specifically applicable to utility model certificates, the provisions of patents shall apply also to utility model certificates insofar as they are not incompatible with the characteristics of utility model certificates.

Is it possible to grant both a Utility Model Certificate and a Patent for the Same Invention?

A patent and a utility model certificate may not both be granted for an invention having the same subject matter.

Is it possible to invalidate Utility Model Certificate?

Provided that it meets the certain terms stated in part regarding Utility Models, it is always possible to invalidate the concerned utility model even if it is dully registered within a reasonable time. (Please contact our firm for more information.)