In summary, patent means the certificate granted by the Turkish Patent and Trademark Office to the inventor respecting the invention made. Utility model (Petty Patent) means the certificate that is granted to inventions featuring less conditions compared to those with patent. The most important criteria for an invention to be granted with a patent or petty patent is innovation, as is the case with other industrial rights.
The fundamental condition in industrialisation is furthering beyond the era. And the golden key for that is to invent and generate ideas. Today, all internationally growing companies make significant investment in their R&D activities. As idea generation should be on an ongoing basis. Although patents are granted for a 20-year of protection and the utility models are granted for a 10-year protection; nowadays, R&D activities are of great importance in terms of continuity, especially while the technological progress speed changes rapidly.
Utilisation of international patent databases is also consequential within the context of R&D activities. Correct utilisation of patent databases increases the outcomes of the R&D investments and enables you to prepare yourself safely for the high-cost patent registration process. In other words, correct use of patent databases prevents you from reinventing the wheel. So seeking for consultancy services accordingly will ensure the proper management of the resources you allocate to the R&D investments. The contracts of the employees recruited within the scope of the R&D activities should also be handled exclusively.
For being granted with the right for patent or utility model, the invention has to be registered by the Turkish Trademark and Patent Office. Within the course of such processes, professional support should be received in cooperation and harmony. When the registration process is completed successfully, the applicant is granted a definite duration for right of monopoly regarding the invention in question. The duration granted is 20 years for patent and 10 years for utility model. Throughout this duration, annual payment intervals should be carefully tracked, and annual payments should be made on a regular basis. Otherwise, the patent or utility model right may be deemed void by the Office.
Legal actions for;
- Determination of infringement
- Prohibition of infringement
- Prevention of infringement
- Pecuniary damages
- Non-pecuniary damages
- Damages on loss of reputation
may be seeked against unfair competition.