The invention is defined as the solution of a particular problem in the field of technology. The concept of the invention, form the basis of patent law. The patent is one of the patent rights granted to the inventor for an invention and provides the right to block for a specified period to being produced, used, or sold the invention by the others without permission of the owner of the invention.
The utility model is a system that enables protection to the owner of the inventions that can be applied the industry and is new in Turkey and the World. Procedures for utility model certificate are more convenient in terms of both time and costs compared to the patent granting. The processes of obtaining utility model protection are a simple and inexpensive, it is considered that this situation will encourage to make a invention to especially our small and medium-sized industrialists and our research organizations and their applications in industry. The following table summarizes the differences between the patent and the utility model.
* A invention contains an inventive step, this is to have the capacity that the technical shall not be ”clearly” deviated to out of the known status by one skilled in technical field which the invention relates
** Applicability in industry means that the invention has a feature applicable to practice instead of being purely hypothetical.
For being patentable of an invention, it must be new, industrial applicability and contain inventive step. However, the patent does not grant for the inventions which are contrary to public order and public morals and for the cultivation of plants and animals based on plant and animal species, and either or essentially biological.
According to Decree Law no 551, for not being in the nature of the invention, the issues which will be granted the patent are as follows:
– Discoveries, scientific theories, mathematical methods,
– Mind, commercial and the activities, procedures and rules for the game plans
– Literary and artistic works, scientific works, aesthetic creations, computer softwares,
– The procedures which are not the technical aspect with the information collection, organization, presentation and transmission.
– The surgery and treatment procedures to be applied to human and animal body and the diagnostic procedures related to the human and the animal body.
Except for those mentioned, according to Decree Law , the patent protection does not grant the inventions which the issue is contrary to public order or public morality and the plant and animal species or the procedures of cultivating plant or animal significantly based on biological principles.
Whether or not a product is a patented, it is understood by patent number has been specified on the product. Specifying the patent number on a product will prevent the cases of patent infringement that may occur unintentionally. However, putting a sign stated that products is the patented even though there is no patented or specifying as the patented even though the patent right has expired constitute legally a crime. (See 551 KJC Article 73 / a)
The patent owner may use a patent in the following ways:
– can produce the product only himself,
– can transfer the patent rights to other people
– can take dividend from patent rights through licensing
The patents lead to the right ownership for the countries where they are taken out. a patent taken in Turkey provides only the right to the owner inside Turkey. If you want to obtain the patent right in other countries, you can apply separately for each country or through the PCT (Patent Cooperation Treaty) which is international application system or the EPC (European Patent Convention) regional reference system. However we recommend that you get professional help and and visit the WIPO (World Intellectual Property Organization – www.wipo.int) and the EPO (European Patent Office – www.epo.org) sites because this application system is complex and expensive.
P9: Which may the patent owner claim that the patent rights have been infringed ?
Against the violation of patent rights, both criminal cases and civil cases can be presented. The patent owner who have been infringed the rights arising from patent can demand for the court the followings.
– Prevention of infringement
– stopping of infringement
– Elimination of infringement
a) Financial Compensation
b) Non-pecuniary damage
c) Nominal Damages
– The recognition of the property right on the products and instruments
– Deformation and destruction
– Notification of the court decision for the concerned, announcement through the declaration to the public and the judgment notice
– Cautionary Judgment