Utility Model Protection in Turkey
A utility model provides a practical form of protection for certain technical inventions in Turkey. Utility models are granted for a maximum period of ten years and, unlike patents, they are not subject to substantive examination for inventive step. However, novelty and industrial applicability are still required, and a search report is prepared during the application procedure.
Patent vs. Utility Model Protection in Turkey
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:
| Protection may last up to 20 years. | Protection may last up to 10 years. |
| Novelty, inventive step and industrial applicability are assessed. | Novelty and industrial applicability are required; inventive step is not examined. |
| The procedure includes both search and substantive examination. | The procedure includes a search report but no substantive examination. |
| Processes, pharmaceutical substances, biotechnological inventions and chemical or biological substances may be patentable subject to the applicable requirements. | Processes, pharmaceutical substances, biotechnological inventions and chemical or biological substances cannot be protected by a utility model. |
Patentability requires three criterias:
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Utility Model registrability requires two criterias:
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How to Apply for Utility Model Protection in Turkey
Foreign applicants can seek utility model protection in Turkey either by filing a national application directly before the Turkish Patent and Trademark Office (TÜRKPATENT) or, where applicable, by entering the Turkish national phase of a PCT application as a utility model.
1. Direct National Utility Model Application
An applicant who has filed an earlier patent or utility model application abroad may claim priority when filing a utility model application in Turkey, provided that the Turkish application is filed within the applicable 12-month priority period.
2. PCT National Phase Entry as a Utility Model
A PCT international application may enter the national phase in Turkey as a utility model, provided that the subject matter is eligible for utility model protection under Turkish law. This route may be considered where the applicant wishes to pursue utility model protection instead of a patent in Turkey.
Under Turkish law, a patent application may be converted into a utility model application, and a utility model application may also be converted into a patent application, subject to the applicable procedural requirements and time limits.
Rights Provided by a Turkish Utility Model
A registered utility model gives its owner the right to prevent unauthorized third parties from producing, selling, using or importing the protected product in Turkey, subject to the limitations and exceptions provided by Turkish law.
Utility model protection is territorial. A Turkish utility model is effective only in Turkey and does not automatically provide protection in other countries.
Contact us for further details of Utility Model registration in Turkey