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Patent Registration Certificate

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Patent Registration Certificate

1. Definition

A patent is an industrial property certificate that certifies a technical invention as new, involving an inventive step, and being industrially applicable.
A patent grants the inventor exclusive rights over the invention for a specific period (generally 20 years).
These rights include preventing the unauthorized manufacture, sale, use, or import of the invention.

2. Basic Requirements for a Patent

For an invention to be granted a patent, it must meet three main criteria:

Criterion Description
Novelty Must not have been disclosed publicly anywhere in the world before (including publication, sale, exhibition, social media, etc.)
Inventive Step Must be a technical solution not obvious to a person skilled in the field
Industrial Applicability Must be producible or applicable in industry

3. Difference Between Patent and Utility Model

Feature Patent Utility Model
Protection Period 20 years 10 years
Examination Requirement Yes (Search + Examination) No (Search only)
Scope Includes product, process, chemical composition Excludes process/chemical composition
Cost and Duration Higher and longer Lower and shorter

4. Types of Patents

  • Examined Patent
    Search and detailed examination are carried out; provides 20 years of protection.

  • Unexamined Patent (Abolished in Turkey after 2017)
    Based only on a search report; shorter duration.

  • International Patent Application (PCT)
    Allows filing in multiple countries with a single application.

  • European Patent (EPC)
    Valid in countries party to the European Patent Convention.

  1. Patentable Subjects

  • New machines, devices, systems

  • Production methods

  • Chemical compositions

  • Electronic circuits

  • Software-based technical solutions (only if they provide technical contribution)

  1. Non-Patentable Subjects

  • Discoveries, scientific theories, mathematical methods

  • Methods of mental activities, business methods

  • Aesthetic designs (subject to industrial design registration instead)

  • Computer programs (as algorithms only)

  • Inventions contrary to public order and morality

  1. Patent Application Process (Example: Turkey – TÜRKPATENT)

  • Application Preparation
    Draft description, claims, abstract, and technical drawings.

  • Application Submission
    Through e-Government portal or via patent attorney.

  • Formal Examination
    Check for completeness and format compliance.

  • Search Report
    Determine novelty status.

  • Examination Request
    Assess inventive step and industrial applicability.

  • Granting of Patent
    Patent is registered if requirements are met.

  • Annual Fees
    Must be paid during the protection period.

Duration: 2–5 years (national), 3–7 years (international applications)
Cost: Depends on application scope, attorney involvement, and international coverage.

  1. Rights of the Patent Holder

  • Exclusive right to use the invention

  • Ability to license or assign rights

  • Right to file lawsuits and claim damages in case of infringement

  • Prevent importation and sale without consent

  1. Obligations of the Patent Holder

  • Pay annual fees on time

  • Correctly declare the true inventor

  • Officially notify licensing/transfer transactions

  1. Patent Strategies

  • Market protection: Prevent competitors from entering the market

  • Licensing revenue: Generate income by licensing technology

  • Attracting investment: Patents provide strong assurance to investors

  • Portfolio management: Surround the technology with multiple patents