UTILITY MODEL
According to Turkish Industrial Property Law
In terms of intellectual property, the term "utility model" refers to industrial property rights that incorporate a new and useful product or process. Utility models include practical solutions that are innovative in the functionality of a product or the realization of a process and can be used in industry.
Utility models can be registered and protected in Türkiye for 10 years if they meet the protection conditions.
Since the patent registration process is a long and costly process, utility model protection is envisaged as an alternative. A utility model application can be made for the invention in cases where it meets the conditions of innovation and industrial applicability. Not preparing an examination report for a utility model and the fact that the deadlines are shorter than for a patent may make it easier to obtain a utility model registration certificate. However, there are inventions that cannot receive a utility model certificate. These;
- Chemical and biological substances, methods and inventions obtained as a result of these methods
- Substances and procedures related to pharmacy and the results obtained as a result of these procedures
inventions
- Biotechnological inventions
- Inventions regarding methods and products obtained as a result of these methods
Although utility model and patent are both concepts that provide intellectual property rights, there are some differences between them:
- Cost: Patent application is a more costly process due to a more comprehensive and longer examination process. In the utility model, costs are lower.
- Protection Area: A utility model generally covers the fact that a particular product or process is useful, novel and applicable in industry. The scope of the patent may be broader; It can cover inventions in many different areas such as products, processes, devices, machines, and chemical components.
- Degree of Innovation: The degree of innovation is more specific in order to obtain patent protection. Namely, while innovation and industrial applicability criteria are sought for both patent application and utility model application; For a patent application, an inventive step is also required. Accordingly, the invention must exceed the known state of the art and must not be obvious.
- Protection Period: While the utility model is protected for 10 years in Türkiye, the protection period of the patent is 20 years.
- Registration Period: While it may take 2 years to obtain a utility model registration certificate, this period can take up to 4 years for a patent registration certificate.
These differences are important factors to consider when deciding what type of intellectual property protection a person or company will grant a particular invention. The most appropriate option should be chosen according to the field applied, the degree of novelty of the invention and the duration of protection.