What is a Patent?

A patent is an instrument which grants specific rights to the patent owner to protect the invention. In order to be granted with a patent, the invention shall be,

• new,

• in an area of technology,

• shall contain an inventive step and

• shall be capable of industrial application.”

According to the new Turkish Industrial Property Act (No: 6769) article 82, the following shall not be granted with a patent because they are not considered to be an invention:

1. Discoveries, scientific theories and mathematical methods

2. Schemes, rules and methods for performing mental acts, playing games or doing business

3. Software

4. Aesthetic creations

5. Presentation of information

The inventions which are:

• Contrary to the public order or morality,

• Plant or animal varieties or essentially biological processes for the production of plants or animals (microbiological processes or the products as outcome of the mentioned processes are an exception to this provision),

• Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body.

shall also not be granted with a patent.

According to the article 85 (Act No:6769), the patent owner has the right to prevent

• the subject matter of the patent to be manufactured, sold out, used, import or to be kept for these said objectives rather than personal needs,

• the process to be used,

• the offering to use the process which is prohibited to be used or with knowledge that use would cause infringement,

• “any product obtained directly by means of the process” to be sold, used, imported or to be kept for these said motives rather than personal needs.

The term of the patent shall be 20 years from the date of filing of the application. (Act No: 6769, article 101)

AKL

Your Legal Guide in Turkey