PATENT
Protecting the Technology of the Future
What is a Patent?
A patent provides its owner with legal protection and exclusive rights for commercial use, such as producing, using, selling, or importing an invention for a specified period.
What is an Invention?
An invention is a "technical solution provided in a technical field that solves a specific problem and is industrially applicable." Only innovations made within a technical field can be registered.
3 Essential Requirements for Patentability
Novelty
The invention must not have been disclosed to the public anywhere in the world before the date of application. Sharing on social media, in articles, or during presentations destroys novelty.
Inventive Step
It must not be "obvious or easily predictable" to an expert in the relevant technical field. It must involve a real technical advancement.
Industrial Applicability
It must not remain just a theoretical idea; it must be in a structure that can be produced, applied, and used practically in industry.
What Cannot Be Patented?
Subjects Not Considered Inventions
- Discoveries, scientific theories, and mathematical methods.
- Mental activities, business or game-related rules.
- Computer programs (unless they provide a technical solution to a technical problem).
- Literary, artistic, and scientific works (protected by copyright).
- Presentation of information.
Exclusions from Patentability
- Inventions contrary to public order or general morality.
- Surgical/therapeutic methods to be applied to human or animal bodies.
- Plant varieties or animal breeds.
- Human cloning or processes to modify genetic identity.
- The mere discovery of elements of the human body.
How to Obtain a Patent? Processes
Application Preparation (Description and Claims)
How the invention works and what problem it solves (Description) must be clearly stated, and the boundaries of the desired protection (Claims) must be professionally drafted. Claims are the heart of protection.
Formal Examination and Search
The institution checks the compliance of the documents. If there are no deficiencies, an international search report requested within 12 months from the date of application is issued.
Publication and Third-Party Observations
The invention is published in the bulletin 18 months after the application. During this period, third parties may submit observations regarding patentability. "Provisional protection" begins with publication.
Substantive Examination
Substantive examination is requested following the search report. The institution forms its final decision by examining the invention's novelty and inventive step requirements.
Decision and Grant
If found suitable, the patent is granted. Third parties may oppose the decision within 6 months after the patent grant is published. If there is no opposition, the registration becomes final.
| Required Document | Description |
|---|---|
| Description | Text explaining the technical details of the invention. |
| Claims | The most critical section determining the scope of the patent's protection. |
| Abstract | Includes a brief summary of the technical solution. |
| Technical Drawings | Visual aids provided to facilitate the understanding of the invention. |
How long does it take?
The time between patent application and grant can range from 1.5 to 4 years, depending on the complexity of the patent, examination order, and oppositions.
Why Should I Get a Patent?
1. Legal Protection
It prevents your invention from being produced, sold, or used by others without authorization.
2. Commercial Value and Licensing
It increases the market value of the business. It can be sold, licensed, or used to attract investors. It can turn into a source of passive income.
3. Competitive Advantage
It provides product differentiation and pricing power by creating a monopoly right in the market compared to competitors.
4. Protection of R&D Investments
It protects your hard work by preventing the copying of long-term investments made in the technology you developed.
5. Reputation and Prestige
It is an indicator of innovation-focus and expertise. It provides valuation advantages in corporate acquisitions.
6. International Priority
The initial application grants you a "Right of Priority" for applications you will make in other countries within 12 months.
Important Considerations
- Do Not Disclose to the Public: Disclosing the invention at fairs or on the internet before application destroys novelty.
- Correct Claim Drafting: The scope of the claims should not be kept too narrow or too wide; even a single-word error can create risk.
- Annual Fees: Annual fees required for patent protection (20 years) must not be neglected.
- International Rights: If there is an export goal, the international (PCT/EPC) application process must be initiated within the 12-month priority period.
Most Common Mistakes
- Sharing the invention before filing an application.
- Writing an insufficient description to hide how it works.
- Narrowing the scope of protection through incorrect claim drafting.
- Missing the international market by filing only locally.
- Forfeiting the patent by forgetting annual fee payments.
- Attempting to manage the process without an expert patent attorney.
International Patent Registration
Patent protection is territorial. A patent obtained in Türkiye does not provide protection in other countries. International systems have been developed to provide protection in multiple countries.
| System | Scope | Features & Advantages |
|---|---|---|
| PCT (Patent Cooperation Treaty) | 153+ Countries | Reserves rights in many countries with a single application. Provides 30 months of thinking and market research time before entering the national phase (individual countries). |
| EPC (European Patent) | 39 Countries | Provides a centralized patent in the European market through a single examination via the EPO. However, it requires separate validation procedures in each country. |
| UPC (Unitary Patent) | 17+ EU Countries | A single patent valid within the EU under a single jurisdiction. Provides broad European protection at low cost. |
| Regional (ARIPO/OAPI/EAPO) | Africa / Eurasia | Collective protection in African or Eurasian states for those targeting specific regional markets. |
Bring Your Invention to the World
Patent processes require deep technical and legal expertise. Seek support from our expert attorneys for the professional drafting of claims and the determination of your global strategy.
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