PATENT

Patent, which means an invention document, is defined as a document and title that brings privileges to the product or inventor in areas such as selling, marketing, duplicating, and producing a similar product of the product he invented. With the patent document, the inventor secures his rights over the invention or product.

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According to the Industrial Property Law (Türkiye) there are five requirements for patent obtaining a patent; the innovation is patentable subject matter, the innovation is new (called 'novelty'), the innovation is inventive, the innovation is useful (called 'utility'), the innovation must not have prior use.

 

Inventions that cannot be patented are listed in Article 82/2 of the Industrial Property Law. 

"ARTICLE 82-​

(2) Below mentioned shall not be considered as inventions. In case the application for

a patent or the patent itself are involved in the subjects or activities mentioned below, this subject only or the activity itself shall stay out of patentability.

a) Discoveries, scientific theories and mathematical methods;

b) mental acts, business activities or game related plans, rules and methods;

c) computer programs;

ç) products with aesthetical creations , belles-lettres, artworks and treatise;

d) presentation of the information.

(3) Below mentioned inventions shall not be granted a patent:

a) inventions violating public order or public moral;

b) biological processes relating to plant varieties or animal races; or intending to generate plant varieties or animal races with the exception of microbiological

processes or

products obtained in the result of such processes;

c) all treatment modalities including the diagnosis methods which are intended to be applied to human or animal bodies and surgical methods;

ç) discovering only one of the parts of human body including human body and a gene

sequence or a partial gene sequence in the various phases of their generation and evolution;

d) the human cloning processes, the changing processes of genetic identity of human sextinked inheritance, using human embryos for industrial or commercial purposes, changing processes of genetic identity in a way that may agonize the animals without providing any significant medical avails for human or animals and animals that are obtained in the result of

such operations."

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There are many issues that the inventor who wants to benefit from patent protection for his invention, that is, to obtain a patent certificate, must take into consideration. First of all, obtaining a patent certificate for an invention can be a long process. In this process, it is very important to conduct a thorough prior art research, to create a patent family when necessary, to investigate whether another inventor's patented product will be needed in the production and use of the invention, and to be aware that possible infringement and invalidity lawsuits can be filed for the patent.