DEFINITIONS

Invention

Creation of a high standard of technical idea using the natural law

Patent

A patent is an exclusive right granted for an invention, which is a product or a process that provides offers a new technical solution to a problem.

Patentable Inventions

In order to be eligible for the grant of a valid patent the invention must be new, involve an inventive step and be capable of industrial application.

Non-Patentable subject matter and Inventions

The following, not being inventions as of their nature, shall remain outside the scope of this present Decree-Law:

a) Discoveries, scientific theories, mathematical methods;

b) Plans, methods, schemes/rules for performing mental acts, for conducting business/trading activity, and for playing games.

c) Literary and artistic works, scientific works, creations having an esthetic characteristic, computer programs.

d) Methods involving no technical aspect, for collecting, arranging, offering/presenting and transmitting information/data.

e) Methods of diagnosis, therapy and surgery applying to human or animal body.

Patent shall not be granted for inventions in respect of following subject matter.

a) Inventions whose subject matter is contrary to the public order or to morality as is generally accepted.

b) Plant and animal varieties/species or processes for breeding/plant or animal varieties/species, based mainly on biological grounds.

CONCEPTS ABOUT APPLICATION

1.1 The Abstract

The abstract, being the summary of the elements as disclosed in the description, the claims and if any the drawings, shall contain the title of the invention, and shall denote the technical field to which the invention relates, and it shall be drafted in such a way to give a clear understanding of the technical problem, the essence of the solution of the problem to which the invention aims at and the principle use or uses of the invention.

1.2. Description

Description is a written statement explaining the invention thoroughly and in the best way possible. Description discloses all of elements of the invention without concealing anything of the subject matter. Description must be drafted explicitly and in sufficient detail that would enable a person skilled in the related technical field of the subject matter to carry out the invention, and should be composed of the following sections:

a) Title of the invention: The description shall be headed with the title of the invention as indicated in the petition. Title of the invention describes the invention and does not contain terms in the nature of a trademark. Preferably it is made up of between 2 to 7 words .

b) The technical field to which the invention relates and the state-of-the-art: It states the technical field to which the invention relates. Both local and international similar inventions are described in detail in order to enable the examination, searching and understanding of the invention. Furthermore, it describes in detail the differences between the invention for which protection is sought and the other patents granted in other countries to enable comparisons by referring to the relevant literature. The state-of-the-art is described insofar as it is known to the applicant that would be useful in the examination, search and understanding of the invention, and preferably documents relating to the prior art are indicated.

c) Technical problems to be solved by the invention: The technical problem or problems intended to be solved by the invention are described. This section discloses the technical problem and its solution in a comprehensible manner even if not explicitly referred to as a technical problem, and it states, if any, the advantages of the invention by referring to the state-of-the-art.

d) Explanation of the drawings: If any, each drawing is explained briefly, the numbers and the titles of all the parts as shown in the drawings are described,

e) Explanation of the invention: In this section the invention is described by referring, if any, to the drawings. While describing the parts and their functions, the numbers relating to the figures are indicated in parentheses. In this section the invention is disclosed in detail such a way without leaving any doubt and without leading to any misunderstandings.

None of the information concerning the workings, operation and other technical features should be withold from disclosure. Everything concerning the ınvention for which the protection is sought is disclosed very extensively in order to realize a widespread dissemination of the information with respect to the invention.

f) The mode of invention’s industrial application: This section describes the manner in which the invention is to be exploited in the industry. Subjective evaluations and exaggerated declarations are to be avoided.

1.3. Claim or claims

An application may contain one or more claims. Claim or claims define the elements of the invention for which the protection is sought.

Every claim should be clear and concise. Claim or claims are based on the description. Claim or claims cannot extend beyond the contents of the invention as it is disclosed in the description.

Claims are formulated in sufficient number to indicate the elements of the invention in detail taking into consideration the principle inventive idea. The claims are numbered consecutively.

In the claims, invention cannot be defined as a desired objective to be attained.

1.4. Drawings

Where the description of the machine, equipment, product or the process which is the subject matter of the invention require drawings, such drawings shall be prepared as described below.

Flow charts and diagrams are accepted as drawings.

Drawings shall not contain any text, however when it is indispensable for clarification a single word or words such as water, steam, open, closed, AB section, or short expressions as in the case of electric circuits, block diagrams or flow charts may be used to enhance the understanding.

Unless it is essential with respect to the invention measures are not given on the drawings. In exceptional cases where the measurements are given technical drawing rules shall be followed.

The height of the numbers and letters can not be less than 0.32 cm. When lettering the drawings, with respect to their technical fields Latin and Greek alphabets shall be used.

APPLICATION FOR A PATENT

An application for registration of a patent must be filed with the following:

1) A petition, the form and contents of which specified in the Implementing Regulations, including information identifying the applicant,

2) The original receipt documenting the payment of the application fees,

3) 3 copies of specification,

4) 3 copies of claim(s), prepared in English, German or French, should be translated into Turkish,

5) 3 copies of abstract, prepared in English, German or French, should be translated into Turkish,

6) 3 copies of drawing(s) use English, German or French languages for indications,

7) If priority is claimed, information such as priority application(s) and priority certificate given from the authorities of that country,

8) Power of attorney if an agent is appointed,

9) For translation of documents into Turkish, applicant may request an extension of one month by paying the required fee and can give the documents in their original languages.

PCT NATIONAL PHASE – Filing of application

1) International application as filed,

2) International search report,

3) International publication,

4) International preliminary examination report ( if available)

5) Power of attorney if an agent is appointed

EP NATIONAL PHASE – Filing of application

1) Publication of claims,

2) Publication of EP application

3) Power of attorney if an agent is appointed

OBLIGATION TO USE

The owner of the patent or the person authorized by him is obligated to use the patent.

The obligation to use must be realized by exploiting the invention within three years from the date of the publication in the related bulletin of the announcement concerning the awarding of the patent.

Evidencing of Use

An official document prepared by the owner of the patent or the person authorized by him, shall contain a declaration on the exploitation of the patent to evidence the use before the Institute, and shall be certified by the relevant professional organizations, chambers of trade or industry or other related institutions.

No further authentication shall be required of the certification provided by these organizations.

The certificate of use shall contain, the date and number of the patent, the title of the invention, the date on which the use has started, the name, address and the signature of the person making the declaration, and the date of issue.

The certificate of use shall be recorded in the Patent Register. The fee specified in the Schedule of Fees has to be paid before the recording.

FORMS & DOCUMENTATION