National Utility Model Application in Turkey
National Utility Model Application in Turkey is a protection way of inventions for ten years period. It is accepted as a secondary level registration way for unregistrable inventions due to lack of inventive step.
Differentiations between Patents and Utility Models
Since patents and utility models are regulated under the same law there many similarities but we can summate differences with a table. Basic differences between patent and utility model are:
|Patent is registered for 20 years||Utility Models are registered for 10 years|
|Patent registration procedure lasts approximately 40-50 months||Utility Model registration procedure lasts approximately 20-25 months.|
|Patent registration procedure comprises serach report and examination report stages||Utility Model registration procedure comprises onliy search report stage|
|Systems, methods, chemical formulas are only protectable by patent registration||Systems, methods, chemical formulas can not be subject matter of a utility model application|
|Patentability requires three criterias:||Utility Model registrability requires two criterias:|
How to Apply For a Utility Model in Turkey
International applicants may prefer to use two ways to enter Turkey by using Utility Model registration way.
1- Regular National Utility Model Filing
Within Priority duration an applicant who filed a patent or utility model application in another country may file before Turkish Patent and Trademark Office as utility model or Patent before the end of 12 months novelty period.
2- PCT National Phase Entry as Utility Model
Any patent application comprising utility model registrability criterias may enter to Turkey as utility model application. Applicant may prefer during filing either to file as regular patent or utility model. It may be advantageous for an applicant who faced with inventive step problem to save the application by transforming to utility model.
Applicants can transform patent applications to utility model. Transformation right is usable only for once. Same is applicable for utitlity models. Utility models also can be transformed to patent after request of the applicant.
Utility models must be used within three years from the date of registration and it’s use must be notified to the Turkish Patent Institute. If use and notification are not made, third parties are entitled to obtain a compulsory license through the court. In such a case the licence fee will be determined by the court.
Rights gained through Patent registration
The Patent holder has the right to prevent third parties to do the following without permission:
* The production, sale, use or import of the product subject to Patent, or the possession of it for these purposes and for any reason other than personal need
* Use of a procedure that is subject to Patent;
* Offering to others by third parties the use of the procedural patent, which is known or should be known to be prohibited.
* The sale or use or import of products obtained directly by the procedure subject to the patent, or the possession for these purposes and for any reason other than personal need
The right obtained by the Patent covers the country in which it is registered.