UTILITY MODEL PROTECTION
Inventions which are novel and which are applicable in industry may be protected by a utility model certificate. However, processes and products obtained by such processes and chemical products cannot be protected by a utility model certificate.
Duration of registration
10 years from the date of filing the application, subject to the payment of annual fees; no extension.
Registrable / Not Registrable
1.Subject-matter which is unpatentable (see the section on Patent protection, ”Patentable / Not-patentable”).
2. Subject-matter lacking the required novelty
3. Processes and the products obtained by such processes.
4. Chemical products.
Not made accessible to the public anywhere in the world before the filing or priority date by disclosure in writing or in any other way, and not put into use in Turkey, whether regionally or countrywide. Also a bar to novelty are the contents of:
1) patent and utility model applications filed in Turkey before the filing or priority date and published after that date;
2) European patent applications filed before the filing or priority date designating Turkey in respect of which the designation fee for Turkey has been timely paid and published on or after the filing or priority date;
3) PCT international patent and utility model applications designating Turkey filed before the filing or priority date and published after that date, provided that the national phase of such application before the Turkish Patent Institute has been properly entered into; and
4) international patent applications filed under the PCT in respect of which the European Patent Office acts as Designated (or Elected) Office under the PCT and which are published on or after the filing (or priority) date, provided that Turkey is designated in the published application (i.e., the grant of a European patent with effect for Turkey has been applied for in the application as published).
Not a bar to novelty is the disclosure of the subject-matter of a utility model certificate by publication or in any other way made by the applicant or his predecessor in title within the 12 months preceding the filing date or (if priority is claimed) within the 12 months preceding the priority date.
Procedure for Processing Utility Model Applications
Examination and Publication
Applications for the grant of a utility model certificate are examined only as to form and as to whether for the subject-matter of the application a utility model certificate can be granted; drawing up of a novelty search report is not required (but applicant for and the owner of a utility model certificate may optionally request the drawing up of a search report). If during the examination deficiencies are found, or the subject-matter of the application is found not eligible for utility model protection, the applicant will be notified and be given three months to remedy the deficiencies, to amend the claims or to object to the decision of the Institute. Thereafter the Institute will take its decision to grant the utility model certificate (for all or for part of the claims). If the Institute is of the opinion that the certificate can be granted the application will be published in the Patent Bulletin.
Within three months from publication of the application any interested party or entity may file a notice of opposition to the grant of a utility model certificate; the notice of opposition must contain the grounds and be accompanied by documentary supporting evidence. Opposition may be based on non-fulfilment of the requirements for the grant of a utility model certificate, and in particular on lack of novelty, or insufficiency of disclosure. An opposition cannot be based on the ground that applicant is not entitled to apply for a utility model certificate (such matter is to be brought before the competent Court). Applicant will be notified of any opposition filed, and may then within three months file a duly motivated counter-statement, or amend the claims, or request the Institute to grant the certificate without taking into consideration the opposition(s) filed.
After expiration of the opposition period or (if any oppositions are filed) after expiration of the three-month period for applicant’s response, the Institute will make its decision on the grant of the utility model certificate, without taking into consideration the objections raised by third parties. If the Institute decides to grant the certificate, applicant must within three months (term may be extended on request) pay the granting fee, where after the certificate will be granted and the grant be published in the Bulletin. If the granting fee is not paid, the application shall be considered withdrawn. Grant of a utility model certificate takes place without guarantee of the State as to the genuineness and usefulness of the subject-matter of the utility model certificate.
Until the decision to grant a utility model certificate, the applicant may request the conversion of his utility model application into a patent application retaining the filing and priority date. Within one month from the conversion request the Institute will inform applicant that the application will be further prosecuted as a patent application, and inform him of the documents to be filed, which must then be filed within one month, failing which the application will be further prosecuted as a utility model application. If the required documents are timely filed the conversion of the application will be published in the Bulletin.
Utility Model Applications Based upon an International Patent Application (PCT)
As Turkey (since January 1, 1996) is a party to the Patent Cooperation Treaty, the grant of a utility model certificate in Turkey may also be applied for in an international application filed under the PCT and designating Turkey. The wish to obtain a utility model certificate is to be indicated in Box No. V of the international request form. The grant of a utility model certificate may be applied for instead of a patent, not in addition to a patent.
Note that it is at present not possible to obtain utility model registration in Turkey through filing a PCT international application designating the European Patent Office, as the European Patent Convention at present does not provide for the grant of utility models.